Stare Decisis: When Does It Bind?

Stare decisis, defined as "to stand by things decided" in the Oxford Dictionary of Law (5th Ed), is a legal doctrine that obligates lower Courts to follow the decision made by a superior Court in similar cases in the interests of finality and certainty in the law.

This legal doctrine is no stranger to legal practitioners, academia or even law students. In fact, the doctrine of stare decisis is the bedrock of Common Law. But what actually binds the lower Courts? An unexplained decision of a superior Court? The commentaries given by a Judge when the Judge refers to a hypothetical situation in delivering a judgment? The reasonings given explaining the rationale of the judgment?

Recently, our Apex Court, speaking through Chief Judge of Sabah and Sarawak, YAA Dato' Abdul Rahman Sebli in Tetuan Wan Shahrizal, Hari & Co v Pendakwa Raya (Criminal Appeal No. 05(L)-101-09/2020(C)) had an opportunity to examine this issue.