When is the Supreme Court justified in not following the doctrine of stare decisis?

When is the Supreme Court justified in not following the doctrine of stare decisis?

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When is the Supreme Court justified in not following the doctrine of stare decisis?

Solution (1)

Explanation

Inasmuch as judges are obligated by the constitution to follow the doctrine of stare Decisis, such precedents are justified not to be followed under the following conditions:

In cases where the case lacks existence of precedents or just in cases where there are no case precedents
In cases when cases bore different facts
In cases of situational change thus leading to in-applicability of the precedent in regards to the case at hand.
In cases where there are technological or social changes, the court is justified to base their judgement on the present facts and not the precedents.

Answer

Doctrine of stare Decisis implies that courts can actually deduce their judgement on the precedent cases should the cases bore similar situations as well as other factors. It's major importance is bringing uniformity in laws.

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