Asked by owenbin nguyen on Apr 28, 2024
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What is the importance of precedent to the judiciary?
Precedent
An earlier event, decision, or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
Judiciary
The system of courts that interprets and applies the law in the name of the state, overseeing legal disputes and upholding the rule of law.
- Comprehend the principle and importance of legal precedent within the court system.
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PK
parisa katibehMay 04, 2024
Final Answer :
Students' answers may vary.
The Court's relationship to history is double edged.On one hand, the Court treats history with reverence, claiming to follow past decisions as precedents and applying them to new circumstances.On the other hand, the Court has engaged in some dramatic historical shifts.For most of its history, the Supreme Court was a pillar of elite democracy, a champion of national authority and private property against the popular democratic forces struggling for greater equality.Beginning in the 1930s, however, the Court largely abandoned its stance as the protector of economic elites, adopting instead a new focus on civil liberties and civil rights.The 1990s witnessed another shift: the expression (by a narrow majority)of a conservative jurisprudence that favors federalism over national action.
The Court's relationship to history is double edged.On one hand, the Court treats history with reverence, claiming to follow past decisions as precedents and applying them to new circumstances.On the other hand, the Court has engaged in some dramatic historical shifts.For most of its history, the Supreme Court was a pillar of elite democracy, a champion of national authority and private property against the popular democratic forces struggling for greater equality.Beginning in the 1930s, however, the Court largely abandoned its stance as the protector of economic elites, adopting instead a new focus on civil liberties and civil rights.The 1990s witnessed another shift: the expression (by a narrow majority)of a conservative jurisprudence that favors federalism over national action.
Learning Objectives
- Comprehend the principle and importance of legal precedent within the court system.