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单词 stare decisis
释义

Definition of stare decisis in English:

stare decisis

nounˌstɛːrɪ dɪˈsʌɪzɪsˌstɑːreɪ dɪˈsiːsɪsˌsterē dəˈsīsəs
mass nounLaw
  • The legal principle of determining points in litigation according to precedent.

    a doctrine of stare decisis
    the impact of the case upon the stare decisis
    Example sentencesExamples
    • The principle of stare decisis cannot be circumvented or disapplied in this way, and if it were the result would be chaos.
    • Australian courts, like English courts, applied principles of stare decisis - not only internally, but in relation to English decisions.
    • They should instead zero in on the nominees' views on stare decisis - the principle that courts should follow prior precedents in all but certain limited circumstances.
    • The principle of stare decisis generally requires that I adopt his reasoning.
    • Indeed, through the jurisprudential doctrine of stare decisis, a judge or justice's repugnant views may far outlast his or her own tenure in the judiciary.
    • The issue involved in the application of the doctrine of stare decisis to judicial decisions on statutory construction is: at what point as a matter of legal policy should the interpretative role of the court be treated as spent?
    • To make a prediction, one of the best ways is to turn to precedents according to the principle of stare decisis.
    • The upshot of these decisions is a loosening in the doctrine of stare decisis.
    • Judicial activists also downplay stare decisis (respect for precedent), preferring to remedy perceived judicial errors.
    • There have been a lot of changes in common law theory and practice since the nineteenth century peak of legal construction, while stare decisis, notably, is not what it was.
    • But the Democrats' loyalty to the principle of stare decisis is highly selective.
    • Thirdly, the per incuriam exception to the principle of stare decisis is a notably narrow one.
    • Judges in Ghana are bound by the principle of stare decisis, which requires that their decisions be based on earlier rulings.
    • Its nature would, however, be changed if the principle of vertical stare decisis were to be accorded less deference.
    • In the present state of juristic opinion, I would not extend the doctrine of stare decisis any further.
    • Thus, it respected the principle of stare decisis.
    • This isn't so bad if the judge respects stare decisis, sticks to existing law, and approaches the job with humility and restraint.
    • Rather than affirming plainly mistaken rulings in the name of stare decisis (the principle of respect for past precedent), the Court should reserve its deference for the Constitution itself.
    • However, there is no doctrine of stare decisis in Belgian law and the matter is currently free from authority at the highest level.
    • A decision by a higher court in the same judicial system, and, depending on the precise doctrine of stare decisis embraced by a court, an earlier decision by one's own court, is controlling.

Origin

Latin, literally 'stand by things decided'.

 
 

Definition of stare decisis in US English:

stare decisis

nounˌsterē dəˈsīsəs
Law
  • The legal principle of determining points in litigation according to precedent.

    a doctrine of stare decisis
    the impact of the case upon the stare decisis
    Example sentencesExamples
    • Judges in Ghana are bound by the principle of stare decisis, which requires that their decisions be based on earlier rulings.
    • In the present state of juristic opinion, I would not extend the doctrine of stare decisis any further.
    • Indeed, through the jurisprudential doctrine of stare decisis, a judge or justice's repugnant views may far outlast his or her own tenure in the judiciary.
    • Thirdly, the per incuriam exception to the principle of stare decisis is a notably narrow one.
    • Its nature would, however, be changed if the principle of vertical stare decisis were to be accorded less deference.
    • Thus, it respected the principle of stare decisis.
    • Judicial activists also downplay stare decisis (respect for precedent), preferring to remedy perceived judicial errors.
    • A decision by a higher court in the same judicial system, and, depending on the precise doctrine of stare decisis embraced by a court, an earlier decision by one's own court, is controlling.
    • Australian courts, like English courts, applied principles of stare decisis - not only internally, but in relation to English decisions.
    • This isn't so bad if the judge respects stare decisis, sticks to existing law, and approaches the job with humility and restraint.
    • To make a prediction, one of the best ways is to turn to precedents according to the principle of stare decisis.
    • They should instead zero in on the nominees' views on stare decisis - the principle that courts should follow prior precedents in all but certain limited circumstances.
    • However, there is no doctrine of stare decisis in Belgian law and the matter is currently free from authority at the highest level.
    • There have been a lot of changes in common law theory and practice since the nineteenth century peak of legal construction, while stare decisis, notably, is not what it was.
    • The principle of stare decisis generally requires that I adopt his reasoning.
    • The principle of stare decisis cannot be circumvented or disapplied in this way, and if it were the result would be chaos.
    • The upshot of these decisions is a loosening in the doctrine of stare decisis.
    • But the Democrats' loyalty to the principle of stare decisis is highly selective.
    • The issue involved in the application of the doctrine of stare decisis to judicial decisions on statutory construction is: at what point as a matter of legal policy should the interpretative role of the court be treated as spent?
    • Rather than affirming plainly mistaken rulings in the name of stare decisis (the principle of respect for past precedent), the Court should reserve its deference for the Constitution itself.

Origin

Latin, literally ‘stand by things decided’.

 
 
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更新时间:2024/9/20 18:56:18