stare decisis
-
Precedent and Respect
When ― if ever ― can lower courts criticise their hierarchical superiors? Continue reading
-
Putting Stare Decisis Together Again
Originalists and living constitutionalists alike have good Rule of Law reasons for being wary of appeals to reinvigorate stare decisis Continue reading
-
The Administrative Law “Trilogy”: The Stare Decisis Trap
This post originally appeared on Advocates for the Rule of Law. This week, the Supreme Court of Canada finally heard the consolidated appeals in Bell/NFL and Vavilov. ARL, expertly represented by Adam Goldenberg, put forward our submissions on the matter, which focus on a return to the basis of the law of judicial review: its Continue reading
Double Aspect 