Encyclopedia of Canadian Laws

Stare Decisis

Stare Decisis in Canada

Stare Decisis

Definition of Stare Decisis by Rand Dyck and Christopher Cochrane (in their book “Canadian Politics: Critical Approaches”) in the context of political science in Canada: The legal principle that judicial precedents are binding on similar subsequent cases, which forms the basis of the common law system.

Stare Decisis

This section offers an overview of Stare Decisis under Canadian law, reporting on the provincial jurisdiction differences.

Concept of Stare Decisis in Ontario

This section provides the essential definition of Stare Decisis relevant or under the laws of Ontario: Latin term for the principle by which a precedent or decision of one court binds lower courts.

Definition of Stare Decisis

The Canada social science dictionary [1] provides the following meaning of Stare Decisis: A key principle of the common law tradition in English Canada. Translated from the Latin, the phrase means ‘to stand by decided matters’, and embodies a set of rules concerning which court rulings are binding on other courts. In general the decisions of a higher court are binding on those of a lower court.

Stare Decisis: Resources

Notes and References

  1. Drislane, R., & Parkinson, G. (2016). (Concept of) Stare Decisis. Online dictionary of the social sciences. Open University of Canada

Definition of Stare Decisis

Stare Decisis meaning or descrpition: a common-law principle that requires lower courts to follow precedents emanating from higher courts in the same jurisdiction unless there is good reason for them to do otherwise;see also precedent (Source of this concept of Stare Decisis: emp.ca/books/353-6 and emp.ca/books/468-7 and emp.ca/books/330-7)

Resources

See Also

Rate this post