Doctrine of Stare Decisis

Doctrine of Stare Decisis is also known as doctrine of binding judicial precedent. It holds that judges are bound to follow the decision made by other judges before them in dealing with cases with similar facts. The doctrine of stare decisis works in two ways:horizontal and vertical. It works horizontally when a judge is bound by decisions of earlier judges of similar or coordinate level and it works vertically when a judge is bound by decisions of judges made at the superior courts.

There are advantages and disadvantages of doctrine of stare decisis. It increases the efficiency by acting as a convenient and time saving mechanism. If there are similar issues or cases occurred, judges can refer back to the decisions made by earlier judges and came out with the same conclusion. At the same time, it promotes stability and uniformity in law. It is natural for similar situations and problems to have the same solution in terms of law.

Also, with the doctrine, judges can minimize the risk of making mistakes. The decision-making process will be guided by past cases.

Doctrine of stare decisis also has its disadvantages. When judges refer back to old cases, there may be too many of them and this may cause confusion. The cases were not exactly the same but similar to each other.

Besides that, this doctrine also limits the development of law. As stated by 'Sixth Form Law', "practical law is founded on experience but the scope for further experience is restricted if the first case is binding".