Judicial Lawmaking and Precedent in Supreme Courts

Judicial Activism in State Supreme Courts: Institutional Design and Judicial Behavior

Judicial Security in pre trial stage in iran criminal law and Judicial precedent

Judicial Security is the concept based on which the reputation, life, property and all material and intellectual rights of the Human Being are protected by law and keep guarded by the Judiciary Power. Creating such an environment means observing some criteria by which the legal protection goal, namely reaching legal justice, is realized. Securing justice protection for all and the equal protect...

Narrowing Supreme Court Precedent from Below

Lower courts supposedly follow Supreme Court precedent—but they often don’t. Instead of adhering to the most persuasive interpretations of the Court’s opinions, lower courts often adopt narrower readings. For example, recent courts of appeals’ decisions have narrowly interpreted the Court’s rulings on police searches, gun control, and campaign finance. This practice—which I call “narrowing from...

The authority of Supreme Court precedent

We construct the complete network of 30,288 majority opinions written by the U.S. Supreme Court and the cases they cite from 1754 to 2002 in he United States Reports. Data from this network demonstrates quantitatively the evolution of the norm of stare decisis in the 19th Century and significant deviation from this norm by the activist Warren Court. We further describe a method for creating aut...

compurgation in the judicial precedent

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