Precedent

a) How are Constitutional Laws made? Constitutional laws are amended through a referendum. A referendum is a direct vote in which the whole nation is proposed to vote for a change in the nation’s constitution. It involves similar aspects as a plebiscite, however, it a plebiscite does not affect the Constitution. It has to go through a process of approval known as the double majority. A double majority in a referendum entails that for the law to be approved, it must receive consent from the…

standard. Applying this standard would significantly reduce the amount of time needed in a pregnancy for the government to consider the fetus a compelling state interest. The plaintiff, Planned Parenthood of Texarkana, will immediately refer to the precedent set by Roe v. Wade as their strongest argument. In Roe, the Court deemed abortion a constitutional right implied in the Due Process Clause of the 14th Amendment. The right to privacy found in this Amendment and previously defined by Griswold…

the Precedent Advantages. 1. The certainty in legal system could be achieved. By looking in to the previous decisions it could be assumed the outcome of the present cases. 2. Uniformity in the law will be maintained. If the fact of the cases are similar than it could be judged as the same. The sense of justice could be established by this mean. Furthermore the public will accept the system due to uniformity. 3. The precedent are flexible in nature. There are many ways in which the precedent…

In a political sense, precedent is important because it is often a belief of change. Take for example the New York trans fat ban. In 2006, New York city became the first municipality to restrict artificial trans fats in restaurants “and would not be the last as health officials…

culminated successfully with the striking down of laws under the Commerce Power in U.S. versus Lopez. However, as a Chief Justice he would often act as a writer and arbitrator of majority opinions to maintain past precedent and to moderate the decisions of the court. At times even upholding precedent, which he vehemently dissented from originally. Rehnquist’s time on the court was marked by his flexibility in his decisions, as he would write opinions for both the liberal and conservative sides…

would as the chief evaluator of any other case under your jurisdiction. After applying relevant rules and significant precedents to our current case, you will undoubtedly arrive at a solution where you will inevitably side with either the husband, the wife, or remain neutral and keep the government out from locked doors and closed curtains. Bear in mind, however, that many precedents in the past may look the same on paper, but are vastly different from what we are due to discuss in this…

The information contained in Becoming Justice Blackmun demonstrates the forcible, yet changeable, as a matter of law, nature of precedent with regards to the penetration of the lives of the United States citizenry. Most prominently cited, the Roe v. Wade decision, altered the age-old belief of the criminalization of abortion. Blackmun wrote in his notes, “‘Here we go in the abortion field” (Greenhouse, 72), prior to the hearings of three cases involving abortion; thus, Blackmun, as well as the…

establishment clause, but is a situation which is easily rectified without the threat of violating the students’ right to free speech. Where the precedents have been set for determining that the state has violated the establishment clause through Lemon v. Kurtzman, 403 U.S. 602 (1971) and Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000), and precedents set through Hazelwood v. Kuhlmeier, 484 U.S. 260 (1988) and Bethel School District v. Fraser, 478 U.S. 675 (1986) indicate that…

The Standalone Approach to Education Property Interests The main alternative to the state-based approach is a standalone approach, where courts hold that there is a standalone property interest in education. Currently, the First, Sixth, and Tenth Circuits use the standalone approach to property interests. Most courts using this approach rely on Goss as the basis for their position. For example in Gorman v. University of Rhode Island, the First Circuit held that “[i]t is also not questioned…

smartphone owners. Furthermore, according to source H “If Apple obeys the FBI’s order, it would set a dangerous precedent for the future, both brief claims…”, meaning that once Apple creates a backdoor system, the government now has proof that an alternative way to access the system is possible. Consequently, the next time an incident occurs like this but instead with a Samsung Galaxy, the precedent will mandate Samsung to also create a similar backdoor system. More importantly, according to…