What are the potential risks of an overly rigid adherence to binding precedent?

decisions that would otherwise be binding precedent when those deci- sions are "clearly irreconcilable with the reasoning or theory of inter- vening higher ... The modern doctrine of the binding force of judicial precedent only ... As well as the binding precedent discussed above, there is also persuasive ... Jan 10, 2025 ... Whether the Supreme Court could employ its supervisory power to impose a binding, vertical precedent about horizontal precedent is another ... The reports of panels and the Appellate Body are not binding precedents for other disputes between the same parties on other matters or different parties on ... Nov 27, 2023 ... Case precedents that courts are bound to follow in subsequent cases are referred to as mandatory or binding authority. What is Binding. Precedent? How, when, where, and why courts are obligated to follow decisions by other courts. Page 2. What is Stare Decisis? Stare Decisis is ... The doctrine of binding precedent states that all courts bind all lower courts, and some courts also bind themselves. All ICA opinions, orders, or decisions are binding precedent for the decisions of all circuit courts, family courts, magistrate courts, and state ... A precedent is 'binding' on a court if the precedent was made by a superior court that is higher in the hierarchy of courts. A binding precedent must be ... The rules require that in certain circumstances a decision be followed whether the second court approves of the precedent or not. Thus in Re Schweppes Ltd's ...