The Role of Precedent in Constitutional Adjudication: An Introspection
30 Pages Posted: 20 Mar 2008 Last revised: 25 Mar 2008
Abstract
Much scholarly interest in recent years has centered on the proper role of precedent in constitutional adjudication, especially in the Supreme Court. This essay seeks to contribute to this lively and important debate, first, by summarizing (and categorizing) the principal approaches to the issue that have been advanced by scholars and judges, second, by explaining and defending my own position, and, finally, by testing that position in the context of an especially difficult problem. In the process, the essay seeks to cast light on some broader questions about the role of theory in the judicial process.
Keywords: Constitutional law, Constitutional adjudication, Precedent, Stare decisis
JEL Classification: K19, K40, K41
Suggested Citation: Suggested Citation
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