Tag Archives: Precedent
Ruiyi Li: Case-law adopted by China?
On the 26th of November 2011, the Supreme People’s Court of China (SPCC) announced the first set of ‘guiding cases’: two civil law cases and two criminal cases. This marks the establishment of the guiding cases system in China. What is … Continue reading
Filed under Comparative law
Christopher McCrudden: Slavery and the constitutional role of judges
How far should judges “update” our legal concepts, or should they root their interpretation in the historical understanding of the concept, leaving updating to the legislature? In the United States, disputes between “strict constructionists” who seek to base the meaning … Continue reading
Filed under Human rights, International law, UK Parliament
Bradley W. Miller: Assisted Suicide and Judicial Review
What considerations can justify a court overturning a recent constitutional precedent? This constitutional perennial is once again in the foreground as a Canadian court is asked to revisit a 1993 judgment (R. v. Rodriguez, [1993] 3 SCR 519)) upholding the … Continue reading
Filed under Comparative law, Human rights
UKCLG blog editors
Constitutional Law Group
