overrule

overrule, vb.

1. To rule against; to reject (the judge overruled all of the defendant’s objections).

2. (Of a court) to overturn or set aside (a precedent) by expressly deciding that it should no longer be controlling law (in Brown v. Board of Education, the Supreme Court overruled Plessy v. Ferguson). Cf. VACATE(1). [Cases: Courts 100(1). C.J.S. Courts §§ 147–148.]

“If a decision is not a recent one, and especially if it seems to be very poor, it should not be relied upon without ascertaining whether it may not have been expressly or impliedly overruled by some subsequent one; that is, whether the court may not have laid down a contrary principle in a later case.” Frank Hall Childs, Where and How to Find the Law 94 (1922).

“Overruling is an act of superior jurisdiction. A precedent overruled is definitely and formally deprived of all authority. It becomes null and void, like a repealed statute, and a new principle is authoritatively substituted for the old.” John Salmond, Jurisprudence 189 (Glanville L. Williams ed., 10th ed. 1947).


专业法律词汇 词条贡献者
译者妍妍,毕业于亚洲顶尖的高级翻译学院,擅长翻译各种与科技、媒体和电信(TMT)相关的法律文件。
Scroll to Top