Associate Dean Randy Kozel develops a theory of precedent in new book
Professor Randy Kozel presents a theory of precedent that is designed to enhance the stability and impersonality of constitutional law.
He argues that deference to precedent promotes the rule of law.
“Deference to precedent advances the valuable ideal that it takes something more than a group of nine (or, in a split decision, five) individuals to revise what the Constitution requires,” he writes. “Under a system of stare decisis, the potential vacillation of constitutional law following changes in judicial personnel is replaced by an abiding sense of stability and impersonality.”
Kozel, Randy J., "Associate Dean Randy Kozel develops a theory of precedent in new book" (2017). NDLS in the News. 359.