PRECEDENT AND STARE DECISIS: A CRITICAL APPROACH
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Abstract
In light of the article of Professor Jeremy Waldron titled “Stare Decisis and Rule of Law: A Layered Approach” published in Michigan Law Review in 2012. He observed, and then mentioned in the article about Professor Frederick Scheauer article published in 1987. Professor Waldron writes with adding the suggestion of Professor Scheauer’s article. This provides a better understanding of stare decisis. He said this: “An argument from precedent seems at first to look backward. The traditional perspective on precedent . . . has therefore focused on the use of yesterday's precedents in today's decisions. But in an equally if not more important way, an argument from precedent looks forward as well, asking us to view today's decision as a precedent for tomorrow's decision makers. Today is not only yesterday's tomorrow; it is also tomorrow’s yesterday.” Professor Waldron said on this that it was worth trying and ought to be a promising perspective. His perspective helps in figuring out the basis of precedent without already assuming the principle.
In the consequent part Professor Waldron put forward a perspective to explain the relations between stare decisis and the rule of law. For that we should understand the Precedent as a source of law and stare decisis.
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