Question

What is the difference between the idea of stare decisis and something being unconstitutional?

Answer 1

Answer:

The doctrine which obligates the courts for following the historical cases while making a ruling on a similar case is called Stare Decisis. It ensures the same approach towards the cases with similar scenarios. It binds courts for following the precedents set by earlier decisions. In Latin, it means " To stand by that which is decided" while being unconstitutional means that governmental action is in violation of the authority and rights which are granted by the constitution.

Answer 2

The doctrine of stare decisis means that courts look to past, similar issues to guide their decisions. The past decisions are known as precedent. Precedent is a legal principle or rule that is created by a court decision. This decision becomes an example, or authority, for judges deciding similar issues later.