This Article argues that the World Trade Organization’s Appellate Body (AB), or a successor body, must become more transparent in justifying its decision to rely (or not) on prior decisions. The AB’s practice of precedent — which United States cited as cause paralyze AB by blocking new appointments is similar how it has approached “likeness” nondiscrimination cases. It placed lot weight whether...

Abstract One of the main moral costs stare decisis lies in continuous possibility entrenching morally deficient decisions law. Although legal systems usually make provision for dealing with precedents, there are cases which obligation later courts to follow one these precedents is undefeated. This affects overall justification . traditional answer this problem consists accepting cost, on belief...

An analysis of written historical sources that have survived to this day shows judicial precedent is the oldest source law. At different stages development human society, was one degree or another regulatory carrier relations arose in it. This regulation carried out from concrete abstract, and therefore can occupy a special place legal system society. served group national systems into families...

I intuitively agree with Segal and Spaeth's conclusion that Supreme Court justices are guided in their decision-making by their personal beliefs and attitudes. For one thing, if jurists ideological beliefs were not important, the party of the president who nominated a justice would not matter, which seems clearly at odds with the facts. I also acknowledge the difficulties the authors face in at...