Judicial supremacy versus constitutional supremacy
crossf at MAIL.UTEXAS.EDU
Sat Mar 24 15:41:50 PST 2001
Has anyone ever argued (successfully or otherwise) that a decision violated
the equal protection clause of the Constitution because it departed from
I can't see stare decisis as being of constitutional dimension, except
possibly as part of the framers' shared understanding of the judicial
function. That's indirect and, I suspect, pretty weak. But why does it
really matter whether the doctrine is constitutional in origin or application?
At 06:21 PM 3/24/2001 -0500, Patrick Wiseman wrote:
>On Fri, 23 Mar 2001, Michael S Paulsen wrote:
>:Okay. I've held my tongue long enough. Where does "stare decisis
>:law" come from? Is it of constitutional status? If so, what provision
>:creates a doctrine of stare decisis and what is that doctrine.
>It derives, at least in part, from the fundamental principle of justice,
>finally adopted as part of the US Constitution in the Equal Protection
>Clause, that like cases be treated alike.
>Professor of Law
>GSU College of Law
Herbert D. Kelleher Centennial Professor of Business Law
University of Texas at Austin
Austin, TX 78712
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