What is the doctrine of stare decisis?

Stare decisis is a legal doctrine that states that a court should follow the decisions of previous court rulings in similar cases. This concept, which originates from Latin, translates to “to stand by the decisions”. In South Carolina, the doctrine of stare decisis is an important principle of law, as the courts in the state are bound to follow the decisions of the Supreme Court when resolving a similar legal matter. Under this doctrine, the courts must give deference to long-standing precedent in order to provide stability and consistency in the law. The doctrine of stare decisis is not universally followed in the state of South Carolina, as each court has the power to decide whether or not to follow previous decisions. However, when a court does decide to apply the doctrine, it is legally bound by the ruling of the higher court. If the court decides to depart from a ruling of a higher court, it must provide a well-reasoned argument as to why it is departing from the precedent. In South Carolina, stare decisis is a critical element of the legal system, as it provides consistency in the interpretation of laws and ensures that new laws are applied in a uniform manner. This stability of the law helps to promote reliance on the legal system, and makes the legal system more efficient in resolving disputes. Additionally, the doctrine of stare decisis allows for greater predictability, as the court is more likely to view similar cases in the same manner.

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What is the doctrine of stare decisis?

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