Trial and Error - Balancing the Scales of Justice Through the Doctrines of Stare Decisis and Ex Proprio Motu
Ontario Bar Association-Civil Litigation Section Newsletter, Vol. 15, No. 3, pp. 8-11, March 2007
4 Pages Posted: 22 Jan 2007
Many will be familiar with the legal axiom: Great cases, like hard cases, make bad law. This comment addresses the obverse: Bad cases, like ordinary cases, make hard law. Put another way, to what extent should a judge or appellate court be bound by the doctrine of stare decisis when confronted with a legal precedent which is incorrect?
Keywords: procedural law, jurisdiction, justiciability, stare decisis, ex proprio motu, precedent
JEL Classification: K30, K40, K41
Suggested Citation: Suggested Citation