Tuesday, September 13, 2005

Staring Stare Decisis in the Eye.

Stare Decisis is the Latin for to stand by that which is decided and is the concept of legal precedent.

Precedence is also much abused in today's legal environment. The courts and the left (in particular) have selectively embraced stare decisis. Again, like my previous discussion on constitutional privacy stare decisis is used by the left to preserve the rulings they prefer and nothing more than that. Stare decisis is not important to the left in other cases.

Precedence is important but it can not and should not be protection for bad rulings in the past. Does precedence mean Dredd Scott was decided correctly and should be the law of the land? No. Bad rulings should be welcomed back to the SCOTUS and done up properly.

No. Precedence does not take precedent over other considerations.