TITLE

THE CONSERVATIVE CASE FOR PRECEDENT

AUTHOR(S)
Merrill, Thomas W.
PUB. DATE
June 2008
SOURCE
Harvard Journal of Law & Public Policy;Summer2008, Vol. 31 Issue 3, p977
SOURCE TYPE
Academic Journal
DOC. TYPE
Essay
ABSTRACT
An essay on the reasons why conservatives should support precedent in constitutional adjudication in the U.S. is presented. It states that the legal norms for settling disputed questions of law are stronger in precedents than they are in originalism. It emphasizes the need to make law accessible to legal actors other than Supreme Court justices. The author says that the Supreme Court would lessen the chances for change in the law through constitutional interpretation if it were to adopt a strong theory of precedent.
ACCESSION #
34074151

 

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