Stare Decisis

Meaning.

Principle of stare decisis had to be determined in each case by discretion of court keeping in view peculiar circumstances of each case.

Scope.

Place of doctrine of stare decisis in law??Application??Binding effect of principle of stare decisis and situations when it can be departed from elaborated.

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 predictability of law, in criminal, fiscal and constitutional matters, for, law cannot stand still nor can Courts become mere slaves of precedents.[Precedent].

Stare decisis-Decision holding field for long time (78 years) and followed without dissent-Change not desirable unless decision found so unreasonable that it could not be followed under any circumstances.

Stare decisis-Doctrine of-Mere fact that some Courts adopted a particular interpretation of a legal provision-Not a sufficient reason for maintaining such interpretation if it is clearly opposed to some general principles-Only some Courts in country adopting particular view and that too for comparatively short period-Principle of stare decisis not applicable.

Stare decisis-Principle cannot have a more direct application than to judicial interpretation of a major instrument controlling governance of an entire country-Supreme Court refused to review its decision in Dosso's case (State v. Dosso P L D 1958 S C (Pak.) 533 and Province of East Pakistan v. Muhammad Mehdi Ali Khan Panni P L D 1959 S C (Pak.) 387) pronounced in Martial Law period on "general grounds".

Stare decisis Precedent on subject scanty and new interpretation likely to be in interest of public or in administration of law itself-Rule of stare decisis, in circumstance, not attracted.

Stare Decisis Stare decisis-Doctrine has limited application in Pakistan.

Appellate Court's jurisdicton to order retrial-Exercised without challenge for over 50 years-Held, there was no valid ground to question such jurisdiction.