Binding authority

Binding Authority refers to a legal principle that mandates lower courts to follow the precedents set by higher courts within the same jurisdiction. This principle is a fundamental aspect of the common law legal system and is also known as stare decisis.

Overview

The concept of binding authority is rooted in the principle of stare decisis, a Latin term meaning "to stand by things decided." This principle ensures consistency and predictability in the legal system by obliging lower courts to follow the legal precedents set by higher courts in the same jurisdiction.

Application

In practice, the binding authority principle applies when a higher court, such as a supreme court or court of appeals, makes a ruling on a particular legal issue. This ruling then becomes a precedent that lower courts must follow in future cases involving similar facts or legal issues.

However, a court is not bound by its own previous decisions if it finds them to be erroneous or if they have been overruled by a higher court. Similarly, decisions from courts in other jurisdictions are considered persuasive authority rather than binding authority, although they may still influence a court's decision.

Limitations

While the principle of binding authority is a cornerstone of the common law system, it is not without its limitations. For instance, it may inhibit legal innovation and adaptability, as lower courts are bound to follow precedents even if they may not be suitable for evolving societal norms or technological advancements.

Moreover, the principle of binding authority applies strictly within the same jurisdiction. This means that a court in one jurisdiction is not bound by the decisions of a court in another jurisdiction, even if the other court is higher in the judicial hierarchy.

See also

• Precedent
• Stare decisis
• Common law
• Persuasive authority