POLS 2140 Lecture 4: Sept29
19 Jan 2016
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Document Summary
To differentiate the different models of judicial decision-making. To identify the political players that act as outside influences on judicial decision-making. To appreciate the impact of judicial decision-making models and outside influences in public law cases such as the secession. Decision-making models: the legal model, the attitudinal model, the strategic model, the neo-institutionalist model. Similar cases should be decided in a similar way. Past decisions of a court must inform the future decisions of that same court and lower courts: ratio decidendi: When the case is sufficiently similar to previous cases in the relevant aspects. When the case is precedent not sufficiently similar to past case in relevant aspects. When following precedent leads to odd or unjust results. Overruling precedent: pros, predictability and stability, promotes rule of law . Judges must apply set rules to reach a decision. Following precedentdistinguishing precedentoverruling precedento conservative: doesn"t allow the law to be contemporary: difficult to determine: and adapt to new values.
