Understanding Stare Decisis and Legal Precedent in Nepal
Stare decisis, meaning "to stand by what has been decided," is a key procedural law principle promoting consistency and fairness in judicial decisions. In Nepal, it ensures courts follow legal precedents set by higher courts, particularly the Supreme Court, enhancing predictability, judicial accountability, and rule of law. While rooted in common law, Nepal’s Constitution affirms this doctrine, guiding lower courts in maintaining uniform legal interpretations. Though not absolute, stare decisis balances legal stability with necessary evolution, making it a vital part of Nepal’s growing jurisprudence.