Jurisprudence constante

Jurisprudence constante

In Louisiana, courts are not bound by the doctrine of stare decisis, but there is a recognition in this State of the doctrine of jurisprudence constante. Unlike stare decisis, this latter doctrine does not contemplate adherence to a principle of law announced and applied on a single occasion in the past. However, when, by repeated decisions in a long line of cases, a Rule of law has been accepted and applied by the courts, these adjudications assume the dignity of jurisprudence constante; and the Rule of law upon which they are based is entitled to great weight in subsequent decisions. Although similar to stare decisis, the difference between stare decisis and jurisprudence constante `is of such importance that it may be said to furnish the fundamental distinction between the English [i.e., common-law] and the Continental [i.e., civil law] legal method.

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References and Further Reading

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Author: international

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Investment treaty law and arbitration articles, Rule of law.


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