|
|
Article: How judges overrule: speech act theory and the doctrine of stare decisis.
- Article from:
- The Yale Law Journal
- Article date:
- November 1, 2003
- Author:
CopyrightCOPYRIGHT 2003 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
Judges are "liars." (1) They "routinely engage in delusion." (2) They occupy a paradoxical position in this world, one in which their function requires them to make law, while their legitimacy depends on the fiction that they interpret law. (3) It is a strange fiction, but it is a necessary one. The legitimacy of the judicial system requires that the rule of law be above the whims of the individual personalities who happen to occupy positions on the Supreme Court at any given time. Rather, the rule of law must be grounded in objective analysis and immutable logic, reasoning that does not change with the changing of personnel. Otherwise, there would be no reason to accept ...
Related newspaper, magazine, and journal articles:
|
|
Article: Supreme Court hears more conflicting views at ...
Manila Bulletin;
November 6, 2003 ;
700+ words
...Byline: REY G. PANALIGAN The Supreme Court heard until late last night the arguments ... Justice Hilario G. Davide Jr. The Supreme Court heard until late last night the arguments ... Dean Pacifico Agabin - said while the Supreme Court has jurisdiction over the cases, the ...
|
|