BACHELOR OF BUSINESS ADMINISTRATION

Detailed explanation-1: -The doctrine of Stare Decisis makes the decisions of courts, generally, the higher courts, binding on the subordinate courts in cases wherein similar questions of law are brought before the court. The applicability of the said doctrine ensures that there is predictability and certainty within the law.

Detailed explanation-2: -The doctrine of stare decisis refers to the rule in which the court would follow previous judicial decisions in future instances. As a result, when the same questions or arguments are addressed in later instances, the court will follow the findings of previous cases.

Detailed explanation-3: -Unlike the common law systems, civil law jurisdictions do not adopt a stare decisis principle in adjudication. In deciding any given legal issue, precedents serve a persuasive role. Civil law courts are expected to take past decisions into account when there is a sufficient level of consistency in case law.

Detailed explanation-4: -6 important implications of stare decisis It fosters predictable, unbiased, and consistent development of legal principles, so the notion of Stare decisis is favored in judicial systems. It also increases reliance on judicial decisions and adds to the actual and perceived integrity of the judicial process.

Detailed explanation-5: -The doctrines of ‘per-incurium’ and ‘sub-silentio’ are exceptions to the rule of stare decisis. If a decision has been given in ignorance of law or any statute or any binding authority, the doctrine of ‘per-incurium’ is attracted5.