Stare decisis and jurisprudence constante
From Common law and civil law
Basic ideasProcedure and evidence
What it means
Stare decisis is the common-law rule that courts follow earlier decisions of higher courts on the same point. 'Jurisprudence constante' is the civil-law idea that a steady line of consistent decisions deserves respect.
Why it travels badly
A civil-law judge is not formally bound by an earlier decision, but may follow a settled line of cases in practice. Describing that as 'precedent' overstates the formal rule.
How other systems say it
jurisprudence constante
A consistent line of decisions that courts usually follow, though no single decision binds.
ständige Rechtsprechung
Settled case law, which lower courts follow, but which does not formally bind them.
cassation precedent
A rare civil-law system where decisions of the Federal Supreme Court's cassation bench are binding.
Tip for translators and students
Call civil-law case law 'persuasive' or 'settled case law', not 'precedent', unless the system really treats it as binding.
See the Legal Dictionary entry →
Related: Droit, Recht, Derecho, Diritto
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
