Stare Decisis, Doctrine of
Stare Decisis, Doctrine of legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Adherence to precedent was a foundation stone of the rule of law; it promoted the evenhanded, predictable, and consistent development of legal principles, fostered reliance on judicial decisions, and contributed to the actual and perceived integrity of the judicial process
Stare decisis was not an inexorable command, but any departure from the doctrine demanded "special justification" - something more than an argument that the precedent was wrongly decided.
Supreme Court (of the United States) did not lightly overturn precedents, and it sought always to honour the thoughtful guidance of those who had preceded the incumbent judges
At the same time, doctrine of stare decisis was not an inexorable command and the Supreme Court (of the United States) should not always remain bound to decisions whose rationale no longer withstood careful analysis
Recognizing the need for balance in this area, the Supreme Court (of the United States) had over time, fashioned principles to guide its treatment of precedent
Said principles called on the Court to consider factors such as the quality of the precedent's reasoning, the workability of the rule it established, its consistency with other related decisions, developments since the decision was handed down, and reliance on the decision.
Development of jurisprudence is an ongoing process.
Doctrine of stare decisis, however,. is neither inflexible nor it comes into play if it violates the letter and spirit of statutory provision or falls within the clutches of obiter dicta
Principle of stare decisis must be applied after discovering the purpose of statutes and changes/amendments brought in those statutes; it cannot be made applicable where it is erroneous or patently unreasonable besides being flexible too.
[Obiter dicta].
[Res judicata]. Distinction between the doctrine of stare decisis and the doctrine of res judicata is that doctrine of res judicata applies only when the same parties or their privies are involved in the subsequent case as were involved in the earlier round of litigation, but the doctrine of stare decisis is not affected by the fact that different parties are involved in the case where the precedent was established. It was further pointed out that res judicata applies to decisions of both law and facts, whereas stare decisis is applicable only on the question of law.
Stare decisis, doctrine of Interpretation which has been consistently given by judicial authorities Interpretation if rot opposed to general principle of law-Should not be departed from in absence of any compelling reason to contrary.
"Stare Decisis, Doctrine of", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/1561
Precedents & Case Laws citing "Stare Decisis, Doctrine of"
1994 S C M R 1900
BADRUDDIN‑‑‑Appellant Versus MUHAMMAD YOUSUF‑‑‑Respondent
Court: Supreme Court of Pakistan2015 P Cr
IRSHAD ALI and another — Appellants Versus MUHAMMAD SHAHID and another — Respondents
Court: Sindh2025 P L C (C
FEDERATION OF PAKISTAN through Secretary Finance Division and another Versus ABDUL RASHEED MEMON
Court: Supreme Court of Pakistan2025 SCMR 532
FEDERATION OF PAKISTAN through Secretary Finance Division and another — Petitioners Versus ABDUL RASHEED MEMON — Respondent
Court: Supreme Court of PakistanP L D 2024 Supreme Court 515
FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad and another — Petitioners Versus FAZAL-E-SUBHAN and others — Respondents
Court: High CourtP L D 1987 Supreme Court 145
OTHERS‑Appellants Versus THE CHAIRMAN, ALLOTMENT COMMITTEE
Court: ‑‑ RPs judicata‑Doctine of stare decisis‑Flexible in application and rigid adherence to doctrine excepted‑Rationale behind doctrine of stare decisis is the need to promote certainty, stability and predict ability of law, in criminal, fiscal and constitutional matters, for, law cannot stand still nor can Courts become mere slaves of precedents. Precedent.P L D 2023 High Court (AJ&K) 108
Raja MUHAMMAD BASHIR KHAN — Petitioner Versus JUSTICE OF PEACE/DISTRICT AND SESSIONS JUDGE, MUZAFFARABAD and 2 others — Respondents
Court: High Court2000 C L C 661
Messrs SANDAL DYE STUFF INDUSTRIES LTD. ‑‑‑Petitioner Versus FEDERATION OF PAKISTAN through Secretary Finance, Pakistan Secretariat,
Court: Lahore2019 S C M R 1229
JAMES L. KISOR — Petitioner Versus ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS — Respondent
Court: Supreme Court of the United States*2021 P T D 80
MUHAMMAD ZAHID, PROPRIETOR PLUS ENTERPRISES Versus FEDERAL BOARD OF REVENUE through Chairperson, Islamabad and 5 others
Court: Lahore High Court (Multan Bench)