The doctrine of precedent (stare decisis)
The doctrine of precedent (stare decisis) requires courts to follow the legal principles (ratio decidendi) laid down in earlier decisions of higher courts — and often their own — to ensure the law is consistent and predictable.
Last reviewed 14 June 2026
Precedent operates vertically (lower courts are bound by higher ones) and, to a degree, horizontally (a court binding itself). The Supreme Court may depart from its own previous decisions under the Practice Statement (1966); the Court of Appeal is generally bound by its own decisions subject to the exceptions in Young v Bristol Aeroplane.
A precedent may not bind if it was decided per incuriam (in ignorance of a relevant authority) or can be distinguished on its facts. Only the ratio binds; obiter dicta are merely persuasive.
Key cases
- Young v Bristol Aeroplane Co Ltd [1944] KB 718
- R v R [1992] 1 AC 599
Frequently asked questions
What is stare decisis?
Latin for “to stand by things decided” — the principle that courts follow the binding legal reasoning (ratio) of earlier higher-court decisions.
Can the Supreme Court overrule its own decisions?
Yes — under the 1966 Practice Statement it may depart from its own previous decisions when it appears right to do so.