Home -> Law Blog Directory -> Religion & Law Blogs -> Constitutionally Correct

Religion & Law

: Constitutionally Correct

The Role of Precedent in Constitutional Adjudication: An Introspection

By Alliance Alert

In recent years, there has been a surprising outpouring of academic literature on the proper role of precedent in constitutional cases. Although some of the commentary addresses the question of "vertical" stare decisis--the question whether and to what extent higher court precedents should bind lower courts--most observers have focused on the "horizontal" problem of the effect of a court's own precedents on its future decisions. And even this focus has been narrowed by concentrating on the U.S. Supreme Court, leaving the lower federal courts, as well as the state courts, to work things out for themselves.

Full post as published by Constitutionally Correct on January 07, 2009 (boomark / email).