Stare Decisis Updated
Stare Decisis Updated
THE APPLICATION OF THE DOCTRINE OF STARE DECISIS. 1.0 Introduction. Stare decisis is an abbreviation of the Latin maxim stare decisis et non quieta movere which translates to stand by things decided. It is of fundament in Ugandas jurisprudence because it affects the way judicial officers decide cases. It forms the basis for what is loosely referred to as judge made law.
2.0 The Doctrine of Stare Decisis. 2.1 Justification/rationale. The rationale for stare decisis was succinctly stated by Odoki CJ in Col (Rtd) Kiiza Besigye V Electoral Commission and Yoweri Kaguta Museveni 1on pages 104105 when he observed that stare decisis was essential for promoting uniformity in judicial decisions. From the comments of Mulenga JSC on page 16 of his judgment in Attorney General v Uganda Law Society2, the justification for stare decisis is certainty, stability and predictability of the law. The uniformity of the law helps interested persons know the relevant law at a particular time so that they can arrange their affairs accordingly. This helps potential litigants to avoid unnecessary litigation; and also guards against judicial bias where judges are bound to make decisions along a particular line of reasoning. 2.2 What it is? Stare decisis has been defined to be the doctrine of precedent, under which it is necessary for a court to follow earlier judicial decisions when the same points arise in litigation3. Precedent refers to the making of law by a court in recognizing and applying new rules while administering justice4. In Attorney General v Uganda Law Society5, Mulenga JSC (RIP) made the following observation about stare decisis:
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Presidential Election Petition 1 of 2006 Supreme Court Constitutional Appeal 1 of 2006. 3 Garner. A., Blacks Law Dictionary, 8 th edition, page 1443. 4 Ibid., page 1214. 5 Constitutional Appeal 1 of 2006
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Blacks Law Dictionary, 8th edition, page 1215. HCCS 161 of 2010. 10 Supra., no 8. 11 [1988] 2 all ER 577 12 [1964] 2 all ER 594
Supra., no 8. Odoki CJ in Paul Ssemogerere & 2 Others v AG SC Const App 1 of 2002, page 20. 16 [1984] 2 all ER 601
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