> In general, lower courts are still going to follow the superior courts
That's true. Until its not.
> or they will simply be overturned on appeal
Unless its an entirely different chamber. Is any given chamber even static in composition, or is it dynamic? I admit I don't know (i.e. I have no clue) how appellate panels are chosen. But if even a given appellate chamber is never static, then it may or may not be overturned, depending on that chamber's judges' and whether their opinions are different from a previous composition of the chamber.
> if a judgement is reversed by an appeals court
That's a very big "if" given that there is no stare decisis and a possibly dynamic appellate court composition.
> there is actually relatively little difference
Stare decisis forms after a single opinion. "Constant jurisprudence" forms after ... it forms after judges say it forms. Or something.
> could not possibly be binding outside its region even in a common law country
In California and New York at least (thats like 60 million people) there is no regional appeals court. The appeals court forms a single court, and its opinions are binding throughout the state. California and New York are themselves sovereign states, not regions. (Which is why you can, e.g., commit treason against a state. They also have their own militaries, e.g., "state defense forces", separate from the so-called National Guard.)
> Lay justices and jurors in Austria are selected randomly from the electoral register.
I did not know that. Now I'm glad I brought it up. Thank you. Sweden and Germany could learn something there IMO.
That's true. Until its not.
> or they will simply be overturned on appeal
Unless its an entirely different chamber. Is any given chamber even static in composition, or is it dynamic? I admit I don't know (i.e. I have no clue) how appellate panels are chosen. But if even a given appellate chamber is never static, then it may or may not be overturned, depending on that chamber's judges' and whether their opinions are different from a previous composition of the chamber.
> if a judgement is reversed by an appeals court
That's a very big "if" given that there is no stare decisis and a possibly dynamic appellate court composition.
> there is actually relatively little difference
Stare decisis forms after a single opinion. "Constant jurisprudence" forms after ... it forms after judges say it forms. Or something.
> could not possibly be binding outside its region even in a common law country
In California and New York at least (thats like 60 million people) there is no regional appeals court. The appeals court forms a single court, and its opinions are binding throughout the state. California and New York are themselves sovereign states, not regions. (Which is why you can, e.g., commit treason against a state. They also have their own militaries, e.g., "state defense forces", separate from the so-called National Guard.)
> Lay justices and jurors in Austria are selected randomly from the electoral register.
I did not know that. Now I'm glad I brought it up. Thank you. Sweden and Germany could learn something there IMO.