oa De Rebus - Precedent, stare decisis and the Constitution

Volume 2004, Issue 437
  • ISSN : 0250-0329



Does s 173 read with s 39(2) of the Constitution exclude the operation of the doctrine of stare decisis? The doctrine of stare decisis, (which comes from the Latin maxim, stare decisis et non quieta movere) means one stands by (previous) decisions and does not disturb settled points.

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