Maxim 8.10.12
The latter decisions are stronger in law.
Judicia posteriora sunt in lege fortiora.
Source: Bouvier's Law Dictionary; 8 Co. 97
Difficulty 2/5 — Approachable
Explanation
In matters of procedure and statutory construction, the latest decision is presumed to carry greater weight, as it reflects the most deliberate consideration. This procedural presumption, however, does not license courts to depart from the original meaning of a constitution or statute — a later decision is not stronger merely for being later.
Where this applies
- An older ruling conflicts with a more recent one — the newer decision carries more weight.
- The most recent court decision reflects the current and best understanding of the law.
Legal domains
Cite this maxim
NeCede Max. 8.10.12 — The latter decisions are stronger in law. — Bouvier's Law Dictionary; 8 Co. 97 (Judicia posteriora sunt in lege fortiora.)
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