TITLE

TEXT VS. PRECEDENT IN CONSTITUTIONAL LAW

AUTHOR(S)
Calabresi, Steven G.
PUB. DATE
June 2008
SOURCE
Harvard Journal of Law & Public Policy;Summer2008, Vol. 31 Issue 3, p947
SOURCE TYPE
Academic Journal
DOC. TYPE
Essay
ABSTRACT
An essay on the arguments of textualists and originalists on the theory of stare decisis in the U.S. constitutional law is presented. It explains the reasons why doctrinalists are wrong in contending for a strong theory of stare decisis. It details several cases where the Supreme Court overruled itself and relied on textual or originalist arguments. It concludes that the text of the constitution and policy arguments support textualism and disfavor a strong theory of stare decisis in constitutional cases.
ACCESSION #
34074148

 

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