Precedent binds hardest at common law, where no enacted text guides judges.

Evidence

The doctrine of precedent is particularly important in resolving cases at common law, because there is no legal text or legislative history on which to base decisions. However, stare decisis also operates in statutory interpretation and, to a lesser extent, in constitutional adjudication. — G. Alan Tarr, Judicial Process and Judicial…, 2489

Categorization

• XREF: Connects to the chapter’s treatment of interpretive regimes: common law, statutory, and constitutional adjudication each give precedent a different weight.
• DEFINE: Distinguishes stare decisis’s operation across three modes of adjudication rather than treating it as uniform.