PRINCIPLE OF STARE DECISIS:A STUDY

A rough research proposal submitted in partial fulfilment of the course

Administrative Law, Semester — VI during the Academic Year
2019— 20.
Submitted by
Shishir Niket, 18161433
BBA.LLB
Submitted to: -
Dr.Ali Mohammed/ Dr. Father Peter Ladis

February , 2020

Chanakya National Law University

Nyaya Nagar, Mithapur
800001, Patna
AIMS AND OBJECTIVES
 To understand the meaning and concept of Stare decisis .
 To study the law propounded by stare decisis.
 To find its relevance in present scenario.

RESEARCH METHODOLOGY

The methodology adopted in this research work is based on SECONDARY sources of

information like books, journals, etc. The present research work contains a critical analysis and
a detailed study of the topic –Principle of Stare decisis
This research work contains elaborated theoretical research, an overall study of the topic and
in depth and in depth web browsing

INTRODUCTION

In its literal sense, “stare decisis” translates as “to stand by decided matters”. “Stare decisis” is an
abbreviation of the Latin phrase “stare decisis et non quieta movere” which translates as “to stand by
decisions and not to disturb settled matters.”

In its most generic sense, this doctrine states that the lower court is bound by the decision of the higher
court, provided the lower court falls within the provincial jurisdiction of that higher court. However, the
decision by any other higher court, which doesn’t have such jurisdiction, would only have persuasive
authority.

The degree of persuasiveness is dependent upon various factors, which includes:

 Nature of the other jurisdiction plays a very important role.

 Then, comes the degree of persuasiveness, which in turn depends upon the level of the court
which decided the earlier case in the other jurisdiction.

 The date on which such precedent was set. This factor is important because there is an
assumption that more recent the case, the more reliable it will be, although this is not
necessarily so.

 In some rare occasions, the reputation of the judge who has decided the earlier case also affects
the degree of the persuasiveness of the authority.

First, the modern doctrine of stare decisis is essentially indeterminate. The various factors that drive the
doctrine are largely devoid of independent meaning or predictive force. Fairly or not, this weakness
exposes the Court to criticism for appearing results-oriented in its application of stare decisis. The second
conclusion is forward-looking, and it provides the groundwork for transforming stare decisis into
something more predictable, meaningful, and theoretically coherent. Most of the considerations that
populate the Court’s current jurisprudence are best understood—or, perhaps, reimagined—as efforts to
gauge the reliance interests that would be affected by the decision to overrule a given precedent. There is
no inherent problem with such focusing case laws

TENTATIVE CHAPTERISATION

 Introduction
 Foundation of Stare Decisis
 The Indian position
 The Canadian position
 The US Position
 Stare Decisis in Civil Law System
 CONCLUSION
 Bibliography

BIBLIOGRAPHY

 Books

i. V.D.Mahajan,Jurisprudence and legal history56-58(5thed.2008)

ii. Bryan A. Garner, black’s law dictionary( 9th ed. 2004)

iii. William M. lile, Brief Making and The Use of Law Books ( 3rd ed. 1921)

 Websites
1) Appeals.” Online: Lawschoolhelp.com
2) http://www.west.net/~smith/appeal.html

• Case Laws
• Golaknath v. State Of Punjab (1967 AIR 1643, 1967 SCR (2) 762)

• M.A.Murthy v.State of Karnataka AIR 2003 SC 3821, (2003) 185 CTR SC 194