When a court binds itself, this application of the doctrine of precedent is sometimes called horizontal stare decisis.

Because court decisions in civil law traditions are brief and not amenable to establishing precedent, much of the exposition of the law in civil law traditions is done by academics rather than by judges ; this is called doctrine and may be published in treatises or in journals such as Recueil Dalloz in France.

The doctrine of binding precedent or stare decisis is basic to the English legal system, and to the legal systems that derived from it such as those of Australia, Canada, Hong Kong, New Zealand, Pakistan, Singapore, Malaysia and South Africa.

This is the most strict form of the doctrine of stare decisis ( one not applied, previously, in common law jurisdictions, where there was somewhat greater flexibility for a court of last resort to review its own precedent ).

Courts may choose to obey precedent of international jurisdictions, but this is not an application of the doctrine of stare decisis, because foreign decisions are not binding.

Critics sometimes accuse particular judges of applying the doctrine selectively, invoking it to support precedent that the judge supported anyway, but ignoring it in order to change precedent with which the judge disagreed.

However, Congress is not subject to the doctrine of stare decisis, so a future Congress could simply ignore this precedent.

The interpretation of all of these passages are hotly contested amongst various schools of thought, traditionalist and reform-minded, and branches of Islam, from the reforming Qur ' anists and Ahmadiyya to the ultra-traditionalist Salafi, as is the doctrine of abrogation ( naskh ) which is used to determine which verses take precedent, based on reconstructed chronology, with later verses superseding earlier ones.

" While the headnote is not part of the Court's opinion and thus not precedent, two years later, in Pembina Consolidated Silver Mining Co. v. Pennsylvania, the Court clearly affirmed the doctrine, holding, " Under the designation of ' person ' there is no doubt that a private corporation is included the Fourteenth Amendment.

In October 2007 the US District Court ordered the parties first to take their challenge to the Omaha Tribal Courts, as part of the " tribal exhaustion doctrine " established by federal precedent, and denied the plaintiffs ' request for dismissal.

According to William Carne, Thomas Egerton was the first " proper " Lord Chancellor from the Court of Chancery's point of view, having recorded his decisions and followed the legal doctrine of precedent.

Their legal dispute resulted in important precedent regarding international custody issues, followed widely in the courts of the U. S. and other countries, sometimes referred to as the " settled purpose " doctrine: In Re Bates, No. CA 122-89, High Court of Justice, Family Div ' l Ct. Royal Courts of Justice, United Kingdom ( 1989 ).

This book, printed by Robert Crowley, was in Welsh and English ; as the title indicates, it was an attempt to justify Protestant doctrine in favour of a clerical marriage to the Welsh and English by establishing precedent for it in the " auncient law " of a Welsh king.

Unlike common-law jurisdictions, there is no doctrine of binding precedent ( stare decisis ) in France.

While France is a civil law country and there is no formal rule of precedent ( stare decisis ), lower courts follow the jurisprudence constante doctrine with regard to the Council of State.

An important precedent for Morrison was United States v. Harris ( 1883 ), which ruled that the Equal Protection Clause did not apply to a prison lynching because the state action doctrine applies Equal Protection only to state action, not private criminal acts.

While it is normally true that plurality reasons are usually controlling under the doctrine of stare decisis ( precedent ), Egan v. Canada would appear to be an exception.

" Both Scalia and Thomas have occasionally joined Court opinions that mention the doctrine, and have in their dissents often argued over how substantive due process should be employed based on Court precedent.

" Both Scalia and Thomas have occasionally joined Court opinions that mention the doctrine, and have in their dissents often argued over how substantive due process should be employed based on Court precedent.

Another objection has been the weakening of the doctrine of judicial precedent by the passing of this legislation.

This obiter remark was not actually a binding precedent, yet it essentially created the doctrine of promissory estoppel.

The doctrine of acquiescence although typically not found in law, is found a lot in precedent.

Thus, theory and doctrine applicable among the great nations and the smaller European states did not really comfortably fit less developed and less powerful societies elsewhere.

The term Animism appears to have been first developed as animismus by German scientist Georg Ernst Stahl, circa 1720, to refer to the " doctrine that animal life is produced by an immaterial soul.

However, the Vikings lacked both the equipment necessary to undertake a siege against the burh and a developed doctrine of siegecraft, having tailored their methods of fighting to rapid strikes and unimpeded retreats to well defended fortifications.

The Huayan developed the doctrine of " interpenetration " or " coalescence " ( Wylie: zung -' jug ; Sanskrit: yuganaddha ), based on the Avataṃsaka Sūtra, a Mahāyāna scripture.

( Thomas Sanchez and others thus theorized a doctrine of mental reservation, which developed into its own branch of casuistry.

In some parts of the world ethnology has developed along independent paths of investigation and pedagogical doctrine, with cultural anthropology becoming dominant especially in the United States, and social anthropology in Great Britain.

During the late 1920s, ' 30s, and ' 40s, Bertrand Russell and Ludwig Wittgenstein's formalism was developed by a group of philosophers in Vienna and Berlin, who formed the Vienna Circle and Berlin Circle into a doctrine known as logical positivism ( or logical empiricism ).

Mormons have developed a strong sense of communality that stems from their doctrine and history.

312 – 230 BC ) developed a Confucian doctrine oriented on realism and materialism in Ancient China.

In the post-war era, the early years of the Cold War, the Soviet Red Army and NATO further developed the equipment and doctrine for mechanized infantry.

In the early 1930s, a very modern operational doctrine for the Red Army was developed and promulgated in the 1936 field regulations.

The doctrine of original sin was first developed in the 2nd-century Irenaeus, Bishop of Lyons's struggle against Gnosticism.

Under Walpole, the doctrine of cabinet solidarity developed.

In the late 1920s and throughout the 1930s, Soviet military theoreticians led by Marshal Mikhail Tukhachevsky developed the Deep operations doctrine, a direct consequence of their Polish-Soviet War and Russian Civil War experience.

The Roman Inquisition was a system of tribunals developed by the Holy See of the Roman Catholic Church during the second half of the 16th century, responsible for prosecuting individuals accused of a wide array of crimes relating to religious doctrine or alternate religious beliefs.

Over the next few decades this understanding developed into the doctrine of the investigative judgment: an eschatological process commencing in 1844 in which Christians will be judged to verify their eligibility for salvation and God's justice will be confirmed before the universe.

In the United Kingdom, the orthodox Marxist group the Socialist Party of Great Britain independently developed a similar doctrine.

A case law doctrine developed whereby courts may generally recognize the efficacy of spendthrift clauses as against trust beneficiaries and their creditors, but not against creditors of a settlor.

Defined primarily as a technique-rich style of spiritual practice, Tantra has no single coherent doctrine ; rather, it developed different teachings in connection with the different religions that adopted the Tantric method.

Watson, Sr. also developed the " 1 % doctrine " for war profits which mandated that IBM receive no more than 1 % profit from the sales of military equipment to U. S. Government.

In the Reconstruction era, the Chase, Waite, and Fuller Courts ( 1864 – 1910 ) interpreted the new Civil War amendments to the Constitution and developed the doctrine of substantive due process ( Lochner v. New York ; Adair v. United States ).

During their assignment at Fort Riley, Kansas, Patton and Eisenhower developed the armored doctrine which would be used by the US Army in World War II.

While the United States and the Soviet Union each developed robust first-and second-strike capabilities during the Cold War, the People's Republic of China pursued a doctrine of minimal nuclear deterrence.

Soviet Marxists then developed this tendency to the state doctrine of Dialectical Materialism .< ref >