Transtemporal Separation of Powers in the Law of Precedent

Beck, Randy

Journal: Notre Dame Law Review

Volume: 87

First Page: 1405

Year: 2012

Bluebook Citation: 87 NOTRE DAME L. REV. 1405 (2012)

Author: Randy Beck: all 12 publications


Abstract

The article focuses on several aspects associated with the law of precedent including the distinction between holding and dictum, the doctrine of stare decisis, and judicial resolution of a legal issue. It discusses a transtemporal application of separation of powers principles based on the law of precedent that allocates power to judges to minimize precedential effect of previous judges. It mentions that the general rule of stare decisis allocates power to evaluate previous decision-making.

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