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Jurisprudence constante

International and Comparative Law Doctrine

Jurisprudence constante, French for stable or constant jurisprudence, is a legal doctrine under which a long series of previous decisions applying a particular legal principle or rule is highly persuasive but not controlling in later cases dealing with similar or identical issues of law. The doctrine is recognized in most civil law jurisdictions and in certain mixed jurisdictions such as Louisiana. It compares directly with stare decisis, but the Louisiana Supreme Court notes a principal difference: a single court decision can provide a sufficient foundation for stare decisis, whereas a series of adjudicated cases all in accord forms the basis for jurisprudence constante. The Louisiana Court of Appeal has noted that in Louisiana it is only a secondary source of law, which cannot be authoritative, because legislation is the source of law and the civilian tradition does not recognize stare decisis.

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Procedural Law 1
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Source Jurisprudence constante (Wikipedia)
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1. Wikipedia: Jurisprudence constante
a long series of previous decisions applying a particular legal principle is highly persuasive but not controlling in subsequent casesView the Source
Jurisprudence constante (Wikipedia)
  • Lead section
    Jurisprudence constante (French for "stable jurisprudence", or literally, "constant jurisprudence") is a legal doctrine according to which a long series of previous decisions applying a particular legal principle or rule is highly persuasive but not controlling in subsequent cases dealing with similar or identical issues of law.
  • In Legal System: Civil Law, Lead paragraph
    This doctrine is recognized in most civil law jurisdictions as well as in certain mixed jurisdictions such as Louisiana.
  • In Group: Civil Law Concepts in Comparison, Introduction, sentences 1-2
    Jurisprudence constante (French for "stable jurisprudence", or literally, "constant jurisprudence") is a legal doctrine according to which a long series of previous decisions applying a particular legal principle or rule is highly persuasive but not controlling in subsequent cases dealing with similar or identical issues of law. This doctrine is recognized in most civil law jurisdictions as well as in certain mixed jurisdictions such as Louisiana.
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