Precedent and Constitutional Adjudication

Warsaw University Law Review, Vol. 3, No. 2, June 2004

20 Pages Posted: 2 Mar 2010

See all articles by Barry Sullivan

Barry Sullivan

Loyola University Chicago School of Law

Date Written: June 1, 2004

Abstract

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

Sullivan, Barry, Precedent and Constitutional Adjudication (June 1, 2004). Warsaw University Law Review, Vol. 3, No. 2, June 2004, Available at SSRN: https://ssrn.com/abstract=1559391

Barry Sullivan (Contact Author)

Loyola University Chicago School of Law ( email )

25 E. Pearson
Chicago, IL 60611
United States

HOME PAGE: http://www.luc.edu/law/faculty/sullivan.html

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