Sentences with phrase «binding judicial precedent»

Other government officials generally have only «qualified immunity» which means that they have liability if they intentionally violate clearly established law, which basically means that there is a binding judicial precedent governing the facts and circumstances at issue.

Not exact matches

Despite the non-existence of an established system of legally (de jure) binding precedents, previous judicial decisions do have persuasive authority.

Stare decisis is also defended on the ground that it increases the «perceived integrity of the judicial process» by promoting the appearance of the rule of law.52 When courts cavalierly overrule their own precedent, they may reduce the public's confidence in the view that judges are constrained by the principles of law they espouse.53 However, granting binding precedential value to secret opinions fails to promote the appearance of the rule of law, precisely because these opinions are secret.