Why is reading En Banc decisions crucial for all law students?
Why is reading En Banc decisions crucial for all law students?
Doctrine of stare decisis.
The doctrine of stare decisis demands that the Court adhere to precedent once it lays down a principle of law as applicable to a certain state of facts and "apply it to all future cases, where facts are substantially the same; regardless of whether the parties and property are the same."
The doctrine rests on sound public policy to secure certainty and stability of judicial decisions. As a result, [only] a strong or compelling reason can operate to impel the Court to [abandon] a prior ruling.
It is an elementary principle that no doctrine laid down by the Court may be modified or reversed [except] by the Court sitting En Banc. (Emphasis supplied).
As a result, when the Court sits En Banc and abandons previous rulings or doctrine, such new decision, abandoning previous rulings, becomes part of the law of the land.
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