TITLE

ORIGINALISM, PRECEDENT, AND JUDICIAL RESTRAINT

AUTHOR(S)
Rosen, Jeffrey
PUB. DATE
January 2011
SOURCE
Harvard Journal of Law & Public Policy;Winter2011, Vol. 34 Issue 1, p129
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses precedents in view of originalism and judicial restraint. The author cites the Citizens United case where majority failed to characterize precedents that could be accepted as transparent and fair by critics, thereby undermining confidence in the judge's ability to transcend their political preferences and hand out impartial judgments. The author agrees with U.S. Chief Justice John Roberts that precedents should be characterized and that collegiality and minimalism are needed to arrive at narrow, unanimous decisions.
ACCESSION #
58113042

 

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