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How much does he believe in stare decisis, the rule of precedent?
He questioned every premise of Kennedy's opinion, starting with its contempt for stare decisis, the rule of precedent.
On the other hand, on a strict reading of the Princess Caroline decision, this appeared to be a breach of article 8. The House of Lords has recently stated that where there appears to be an inconsistency between decisions of a higher court in the UK and of the Strasbourg court, the rule of precedent applies.
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It is because Thomas is not a conservative but, rather, a radical — one whose entire career on the Court has been devoted to undermining the rules of precedent in favor of his own idiosyncratic interpretation of the Constitution.
It undermines the courts' legitimacy when they depart sharply from the rules of precedent, and it gives support to those who have said that Bush v. Gore was not a legal decision but a raw assertion of power.
In equating corporate citizenship with individual citizenship, the Court does more than just disregard its own rules of precedent and stare decisis.
So on the rule-making view of precedent lower courts have the power to narrow the rules laid down by higher courts, just so long as the narrower rule would still support the result reached in the earlier case.
Jewish law itself cannot be changed until a universally recognized authority actually rules, citing reams of precedent and logical conclusions.
16 It is also an argument for distinguishing on the rule-based view of precedent.
There are a range of criticisms of the rule-making account of precedent which argue that it does not fit legal practice very well (see e.g. Moore 1987, 185 7).
No pre-existing rule of law or precedent demands the Eleventh Circuit's rule.
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