Precedent and Constitutional Adjudication
Warsaw University Law Review, Vol. 3, No. 2, June 2004
20 Pages Posted: 2 Mar 2010
Date Written: June 1, 2004
This article examines and explains the common law system of precedent and the principle of stare decisis in the context of decisions of the House of Lords in the United Kingdom, and the Supreme Court of the United States. It focuses on recent decisions of the Supreme Court in which the Court has been asked to decide important social issues as a matter of constitutional law. In particular, it explores the workings of the the common law system by discussing the Court's treatment of its precedent in the case of Swain v. Alabama in the subsequent case of Batson v. Kentucky.
Keywords: Stare Decisis, Precedent, Common Law, Constitutional Law
JEL Classification: K10, K14, K40, K41
Suggested Citation: Suggested Citation