Transtemporal Separation of Powers in the Law of Precedent

Authors

Randy BeckFollow

Abstract

The article focuses on several aspects associated with the law of precedent including the distinction between holding and dictum, the doctrine of stare decisis, and judicial resolution of a legal issue. It discusses a transtemporal application of separation of powers principles based on the law of precedent that allocates power to judges to minimize precedential effect of previous judges. It mentions that the general rule of stare decisis allocates power to evaluate previous decision-making.

Recommended Citation

Randy Beck, Transtemporal Separation of Powers in the Law of Precedent, 87 Notre Dame L. Rev. 1405 (2013).
Available at: https://scholarship.law.nd.edu/ndlr/vol87/iss4/2