Sentences with phrase «decisis approach»
The voter's choice is what lays the ground work for the Stare Decisis approach.
http://religion.blogs.cnn.com/ Not exact matches
Counsel Alison Latimer says the appeal court took a «very cautious approach to stare decisis» and notes the plaintiffs will be seeking leave to appeal from the Supreme Court of Canada.
The analysis would start with Martin Shapiro's communications theory based approach to precedent (I remember a 1966 article but the only reference I have is to Shapiro, Toward a Theory of Stare Decisis, 1 J. LEGAL STUD.
Kovner argued that that approach contradicts what the Court said in Marks, is inconsistent with how the Court has applied Marks, and undermines the principle of stare decisis.
The restrictive approach to stare decisis adopted by the BC Court of Appeal embraces a counterproductive level of stability.