TITLE

ON TEXT AND PRECEDENT

AUTHOR(S)
Amar, Akhil Reed
PUB. DATE
June 2008
SOURCE
Harvard Journal of Law & Public Policy;Summer2008, Vol. 31 Issue 3, p961
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the debate on text and precedent in the U.S. It cites the need for originalists to infer a theory of precedent from the text and structure of the constitution and determine the proper boundary of precedent. It says that the text of the constitution reflects that judges are going to provide interpretations and develop frameworks in deciding cases to allow the document to be understood in courts as law. The author stresses the need for the Supreme Court to issue a declaratory judgment when it made an error.
ACCESSION #
34074149

 

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