While, in theory, lenders can change this as much as they please, in practise they'll be
constrained by general market pressures and
public opinion.
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.