TEXT VS. PRECEDENT IN CONSTITUTIONAL LAW
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Almost everyone acknowledges that stare decisis should play a significant role when the Supreme Court of the United States resolves constitutional cases. Yet the academic and judicial rationales for this practice tend to rely on naked consequentialist considerations, and make only passing...
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Constitutional precedents give rise to a jurisprudential tug-of-war. On one side is the value of adhering to precedent and allowing the law to remain settled. On the other side is the value of departing from precedent and allowing the law to improve. In this Article, I contend that negotiating...
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- Constitutional Self-Interpretation. IVIARISAM, JASON // Ohio State Law Journal;2014, Vol. 75 Issue 2, p293
What are the constitutional norms for self-interpretation-that is, the constitutional rules governing whether and when a government body has the power to issue controlling interpretations of legal texts that it drafted? The answer to this question could determine the fate of Seminole Rock...
