Precedent

A rational’s approach, to achieve this, would be to have a clear mind like a blank sheet and clear all preconceptions. In this way, the society will be a ‘tabula rasa’ i.e. it starts afresh by clearing the old fallacies, preconceptions and prejudices aspiring to achieve good laws by training and tempering the ‘empty mind’. Since a rationalist’s mind is skeptical his political approach is the “assimilation of politics to engineering.” Thus, a rationalist would be an engineer who revamps the…

If a court decides that precedent is simply incorrect or that technological or social changes have rendered the precedent inapplicable, the court might rule contrary to the precedent. These cases lead to high scrutiny from the public. Stare Decisis has two aspects: fist, decisions made by a higher court are binding on lower courts; and second, a court should not overturn its own precedents unless there is a strong reason to do so. (Miller, R. 2013) Since…

set a number of precedents upon which modern media, principally, television and the internet, receive funding create their programming. As expressed by Michele Hilmes in her work Only Connect: A Cultural History of Broadcasting in the United States and radio programs of the day, one major precedent set by radio was the goals and quality standards of advertising which resulted in indirect advertisements that maintained radio’s entertainment value. However, aspects of this precedent are…

3. A precedent is an interpretation made by a judge from an earlier case that is often referred to for a future case with a similar issue. This relates to stare decisis in that the precedent has a high effect on future cases and the judge will likely make the same decision unless the court finds a good reason to change it. An example of this is the Plessy V. Ferguson case. In this case, the judge decided that segregation was okay as long as the blacks and whites receive equal opportunities.…

may result in unconstitutional results, so it maybe abled to get reexamined. Some judges are accused in applying the doctrine selectively, by invoking to support precedents which they do support anyway but ignoring it in order to change precedents with the one the judge disagreed with. Another con is that the doctrine of binding precedent can prevent the development of a…

Religion and the American Presidency “the president-elect was conscious that his actions would set precedent”. This knowledge forced him to contemplate all his actions and speeches in order to support and establish the United States in the best way possible. George Washington understood the importance of being the first person to occupy the office of the Presidency and established religious precedents…

Court and the Supreme Court ruled that the law was acceptable since it upheld the doctrine of “separate but equal” and that Plessy was at fault. There were many forces at play which helped push the courts towards their decisions, mainly custom, precedent, and the understanding…

American Judicial System There is no system as unique as the judicial one. In contrast to the American judicial system, since the first days of the united states as a nation there is always has been a government, back in the days the first one was named confederate government the local courts were stronger than the central one. Nowadays it all changed for better and the federal system of a government was created where the central guide the local ones. The Judicial System also known as ¨ the…

(A letter to James Madison from Washington, The American Journey, page 253.) After Washington’s oath he has many responsibilities, that under the constitution, he deals with for the country. George Washington faces many challenges and sets many precedents, or traditions, that will influence every future presidents. The government faces the challenge of the Whiskey Rebellion . According to The American Journey, page 261, the government taxes Pennsylvania farmers as an act for the Alexander…

As so, although the evolving standards of decency calls for evolvement of laws, the idea of rewriting the American Constitution every 19 years elicit many concerns. First, rewriting the Constitution is unnecessary and impractical given our use of precedents and the power of judicial review. Not only so, there are dangers of rewriting the law so often because there are social risks and consequences…