' (
French for "stable jurisprudence", or literally, "constant jurisprudence") is a
legal doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine ...
according to which a long series of previous decisions applying a particular legal principle or
rule is highly
persuasive but not controlling in subsequent
cases dealing with similar or identical issues of law. This doctrine is recognized in most
civil law jurisdictions as well as in certain mixed jurisdictions, e.g.,
Louisiana.
The rule of law applied in the ' directly compares with '. But the
Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single
court decision can provide sufficient foundation for '; however, "a
series of
adjudicated cases, all in accord, form the basis for '." Moreover, the
Louisiana Court of Appeal has explicitly noted that within Louisiana, ' is merely a secondary
source of law, which cannot be authoritative and does not rise to the level of the source of law, which is legislation.
Judicial decisions are not intended to be an authoritative source of law, and, thus, the civilian tradition does not recognize the doctrine of stare decisis.
See also
*
Court
References
Civil law (legal system)
Legal doctrines and principles
Civil law legal terminology
Judicial legal terminology
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