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Doctrine of Precedent and Stare Decisis - An Overview - YouTube
Channel: Suyash Verma | Legal Talks by Desikanoon
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hi everyone welcome to legal talks by
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desi kanoon i am suyash and today i will
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talk about two very important concepts
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precedent and stereo decisions we have
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heard these terms quite often and i am
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sure that many of you would already be
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aware about their respective meanings
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after listening to this show the
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audience would be able to gather a
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better understanding of the
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jurisprudential basis and the nature of
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these concepts
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let us first understand the concept of
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precedent precedent is defined as the
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making of law by a code in recognizing
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and applying new rules while
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administering justice or a decided case
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involving similar facts or issues
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thus a precedent is a judicial decision
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which contains in itself a principle the
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underlying principle which thus forms
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its authoritative element is often
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termed as ratio decidendi
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the concrete decision is binding between
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the parties to it but it is the abstract
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ratioed acedendi which alone has the
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force of law as regards the world at
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large
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now let us also discuss the types of
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precedents they are as follows a binding
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precedent a precedent that a court must
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follow b
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declaratory president a precedent that
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is merely the application of an already
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existing rule
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c original precedent a precedent that
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creates and applies a new legal role
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d persuasive president a president that
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is not binding on a court but that is
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entitled to respect and careful
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consideration
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e precedent subsilentio a legal question
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that was neither argued nor explicitly
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discussed in a judicial decision but
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that seems to have been silently ruled
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on and might therefore be treated as a
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precedent
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those were the different types of
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precedents
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now let us understand the principle of
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stereo decisis stereo decisis has been
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defined as the doctrine of president
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under which it is necessary for a court
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to follow earlier judicial decisions
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when the same points arise again in
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litigation
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thus the genesis of strayer decisis lies
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in the concept of precedent
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we also see that the rule of adherence
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to judicial precedence finds its
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expression in the doctrine of stereo
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decisis
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according to this doctrine when a point
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or a principle of law has been once
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decided by a court it will no longer be
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considered as open to examination unless
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for urgent or exceptional reasons
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the principle of history decisis is
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important because an interpretation once
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deliberately put upon the provisions of
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a statute should not be departed from
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without grave reasons
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further the doctrine or principle of
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history decisis stems from various latin
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maxims and with time various
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connotations have been attached to it in
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earlier times the prevalent maxim was
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stayer rationing bus decided dies
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that literally means to keep to the
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ratio decidendai of past cases
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basically a case is only authority for
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what it actually decides later on this
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view got modified and the judiciary has
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now moved on to another maxim stereo
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decisis ethnon quita movie
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that means to stand by the things
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decided and not to disturb settled
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points or to adhere to precedence and
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not to depart from established
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principles
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it is clear that the principle of
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historia decisis does stem from the
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principle of precedent but we must not
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see these principles and doctrines in
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isolation sometimes an earlier precedent
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is followed and sometimes a new
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precedent is laid down
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but what about the cases where the
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doctrine of precedent or stereo decisis
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are not followed the exception to the
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principles of precedent and stereo
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decisis is the concept of overruling
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to overrule means to overturn or set
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aside a precedent by expressly deciding
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that it should no longer be the
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controlling view when a precedent is
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overruled it becomes null and void like
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a repealed statute and a new principle
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is authoritatively substituted for the
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old
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the purpose of these concepts is to
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provide certainty to law in every
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society people base their decisions on
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the prevalent law if the law will swing
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like a pendulum then it would become
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very difficult for the common populace
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to have any certainty in their decision
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making the stability of many of the most
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important institutions of society
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depends upon the permanence as well as
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the certainty of the construction placed
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by the judiciary upon the fundamental
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law if the judiciary fails in this duty
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then eventually the people in the
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society would lose their trust in the
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institution of judiciary and such a
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situation would not be conducive for
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furthering the rule of law in any
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society therefore because of such
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reasons the concept of precedent and
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stair decisis are considered to be
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extremely important in the field of law
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thus i hope that the nature and the
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meaning of the concepts of resident and
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historic decisis is clear by now
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hence i hope you enjoyed listening to
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the show thank you for listening please
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do not forget to like and subscribe us
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and if you have any comments please make
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them in the comments section
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see you next time till then stay tuned
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