Originalism and Precedent: Principles and Practices in the Application of Stare Decisis. Originalism and Precedent: Principles and Practices in the Application of Stare Decisis.

Originalism and Precedent: Principles and Practices in the Application of Stare Decisis‪.‬

Ave Maria Law Review 2007, Fall, 6, 1

    • 79,00 Kč
    • 79,00 Kč

Publisher Description

INTRODUCTION The proper understanding of the relationship between constitutional interpretation that is faithful to the text of the Constitution and the relative importance of precedent or stare decisis is a complicated matter, as the contributions to the recent symposium published in this journal indicate. (1) On the one hand, adherence to the structure and text of the Constitution would seem to argue in favor of strict attention to the document's words and phrases, unfettered by ancillary concerns about matters such as maintaining stability, reliance, and order in the court system. And yet, there are a host of reasons that could be put forward as to why the courts, and the Supreme Court specifically, should adhere to precedent--within reason. (2)

GENRE
Professional & Technical
RELEASED
2007
22 September
LANGUAGE
EN
English
LENGTH
66
Pages
PUBLISHER
Ave Maria School of Law
SIZE
333.4
KB

More Books by Ave Maria Law Review

Tradition and Development in the Catholic Church's Teaching on Marriage: A Response to Cardinal Trujillo (Alfonso Lopez Trujillo in This Issue, P. 297) (Special Issue: The Nature of Marriage and Its Various Aspects) Tradition and Development in the Catholic Church's Teaching on Marriage: A Response to Cardinal Trujillo (Alfonso Lopez Trujillo in This Issue, P. 297) (Special Issue: The Nature of Marriage and Its Various Aspects)
2006
The Politics of Precedent on the US Supreme Court (Book Review) The Politics of Precedent on the US Supreme Court (Book Review)
2007
Law As a Means to an End: Threat to the Rule of Law (Book Review) Law As a Means to an End: Threat to the Rule of Law (Book Review)
2007
Ecclesiastical Divorce in Hierarchical Denominations and the Resulting Custody Battle over Church Property: How the Supreme Court Has Needlessly Rendered Church Property Trusts Ineffectual. Ecclesiastical Divorce in Hierarchical Denominations and the Resulting Custody Battle over Church Property: How the Supreme Court Has Needlessly Rendered Church Property Trusts Ineffectual.
2007
Was Ann Coulter Right? Some Realism About "Minimalism". Was Ann Coulter Right? Some Realism About "Minimalism".
2007
Marriage and the Family in Economic Theory and Policy (Special Issue: The Nature of Marriage and Its Various Aspects) Marriage and the Family in Economic Theory and Policy (Special Issue: The Nature of Marriage and Its Various Aspects)
2006