Jurisprudence constante in the context of "Case law"

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⭐ Core Definition: Jurisprudence constante

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.

The rule of law applied in the jurisprudence constante directly compares with stare decisis. But the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for stare decisis; however, "aseries of adjudicated cases, all in accord, form the basis for jurisprudence constante." Moreover, the Louisiana Court of Appeal has explicitly noted that within Louisiana, jurisprudence constante is merely a secondary source of law, which cannot be authoritative and does not rise to the level of the source of law, which is legislation. Judicial decisions are not intended to be an authoritative source of law, and, thus, the civilian tradition does not recognize the doctrine of stare decisis.

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Jurisprudence constante in the context of Precedent

Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.

Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with little emphasis on precedent (see, jurisprudence constante), and where judges primarily focus on fact-finding and applying the codified law.

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Jurisprudence constante in the context of Établissement public à caractère industriel et commercial

An établissement public à caractère industriel et commercial (French pronunciation: [etablismɑ̃ pyblik a kaʁaktɛʁ ɛ̃dystʁijɛl e kɔmɛʁsjal], EPIC; lit.'public institution of an industrial and commercial nature') is, in France, a category of public undertaking. It includes state-controlled entities of an industrial or commercial nature, including some research institutes and infrastructure operators. Some former French colonies, such as Algeria, Burkina Faso and Mauritania also use this term for such agencies.

EPICs were first recognized as a specific form of public agencies by the Court of Arbitration's (French: Tribunal des conflits) case law in 1921. In accordance with Article 34 of the French Constitution, they can only be created by a law. Not every company whose capital is held by the state or a state-owned entity is an EPIC. An EPIC is under special laws which do not apply to enterprises under private company law, even if the capital of those companies is held by the state.

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