Perbezaan antara semakan "Duluan kehakiman"

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==''Stare decisis'' dalam sistem perundangan sivil==
''Stare decisis'' is not usually a doctrine used in [[civil law (legal system)|civil law]] systems, because it violates the principle that only the legislature may make law. In theory therefore, lower courts are generally not bound to precedents established by higher courts. In practice, the need to have predictability means that lower courts generally defer to precedents by higher courts and in a sense, the highest courts in civil law jurisdictions, such as the ''[[Court of Cassation (France)|Cour de cassation]]'' and the ''[[Conseil d'État]]'' in France are recognized as being bodies of a quasi-legislative nature.