文章基本信息

标题：The Concept of Stare Decisis in the German Legal System – a Systematically Inconsistent Concept with High Factual Importance
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作者：Peter Stainer ; Dominik König
期刊名称：Studia Iuridica Lublinensia
印刷版ISSN：1731-6375
电子版ISSN：2449-8289
出版年度：2018
卷号：27
期号：1
DOI：10.17951/sil.2018.27.1.121
语种：English
出版社：Maria Curie-Sklodowska University
摘要：It is worth mentioning that the German legal system is based on the codified law. This system lacks in stare decisis and precedents in general, which – in principle – does not raise doubts. The role of precedent in the decisional process is relative and dependent on the question as to whether the case may be resolved pursuant to a legal act. In that case, precedents would not play any or almost any role at all. However, the role of precedents increases, when there is a lack of appropriate legal rights, or if legal rights require interpretation. It should be emphasised that stare decisis understood as a formally binding precedent refers only to rulings issued by the Federal Constitutional Court, whereas precedents of higher courts have a significant meaning to everyday judicial practice in Germany, despite the fact that they are not formally binding.