|
|
Article: Non-Judicial Precedent
- Article from:
- Vanderbilt Law Review
- Article date:
- April 1, 2008
- Author:
-
|
Copyright informationCopyright Vanderbilt Law Review Apr 2008. Provided by ProQuest LLC. (Hide copyright information)
|
This Article attempts to reenvision constitutional law through the perspective of non-judicial precedents. Most constitutional scholars equate precedents with judicial decisions, particularly those of the Supreme Court, and discount the constitutional significance of precedents made by non-judici
al actors. Using a wide range of examples, I show how shifting our perspective from the Court to non-judicial actors allows us to see constitutional law in significantly new ways. First, I suggest that the one essential feature common to all non-judicial precedents is their discoverability-the publi
c efforts made to invest certain past non-judicial activities with normative force. To illustrate how ...
Related newspaper, magazine, and journal articles:
|