Stare Decisis as it was formulated on the basis that the judiciary would observe their oath of office when rendering decisions, and that all decisions would follow Constitutional muster. It was intended to expedite the legal process.

Obviously such has not necessarily held up. There is much Precedent and Case Law that is patently unConstitutional.

It may prolong legal procedure to ignore or do away with stare decisis, but it is probably the only correct way in view of its abuses.


Last Edited By: Earl1911 06/30/10 5:50 AM. Edited 1 times.