But it does place an extremely heavy burden of persuasion on the structural argument for a plenary judicial power over precedent--a burden made doubly heavy by the irony that it requires making an argument for an exclusive judicial power over precedent that is contrary to so much historical and judicial precedent
Among those who have argued for the compatibility of original meaning with judicial precedent
are consequentialist originalists.
We require a justice who will honor judicial precedents
and is clearly accountable to the effects of their personal judicial philosophy.
If one is an originalist--that is, if one believes that the Constitution should be understood and applied in accordance with the objective meaning the words and phrases would have had to an informed general public at the time of their adoption (1)--then stare decisis, understood as a theory of adhering to prior judicial precedents
that are contrary to the original public meaning, is completely irreconcilable with originalism.
It said the state cannot approve of the ruling's interpretation of the State Redress Law because it determines that lawmakers are responsible for their unintended failure to enact suitable laws in violation of a judicial precedent
and excessively restricts Diet members' activities.
While congressional committee reports and legislative language clearly indicate the new law does not fully eliminate restrictive prior legislation or judicial precedent
, the good news is the law expands the definition of a principal place of business and allows a taxpayer who meets either the old or new standard to take a deduction.
While federalism leaves room for the multiplication of error, the more states realize they don't have to obey the federal government, in judicial precedent
or other areas, the more room to maneuver the American citizen has - the more room for social and legal experimentation and evolution.
The defense could not argue that no such agent existed in Susan Smith, for that would have gone far beyond the pale of judicial precedent
, even though science supports such a view.
He is a co-author of a leading book on judicial precedent
and has published nine articles in respected academic law journals.
He asked the counsel to guide the bench through a mechanism or judicial precedent
through which they could give their opinion over ZABs case without opening floodgates for future litigations.
every time it invokes stare decisis to uphold an unconstitutional federal statute; these rulings sub- ordinate a "supreme" law (the Constitution) to a "nonsupreme" rule of decision (judicial precedent
When Supreme Court nominees are asked about their respect for judicial precedent
or their philosophy about the proper way to interpret the U.S.