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What if a Court had stuck to its precedent?

Sagot :

Answer:

Supreme Court justices need a healthy respect for past precedents. But sometimes, precedent is so bad it simply has to be overturned.

The court did just that last month in the case of Knick v. Township of Scott. The court delivered a victory for champions of property rights by overturning a 1985 precedent that had blocked property rights cases from federal courts.

This overturning of an older decision sparked a vigorous public debate. Two Supreme Court justices staked out opposing positions: Elena Kagan warned against a rush to overturn precedents, while Clarence Thomas suggested older decisions that are in fact wrong should be changed.

We should welcome this debate because it highlights the judiciary’s duty to correct its own mistakes and to ensure that our constitutional rights are properly and fully protected.

Court can overturn the president or past judgement, if a court finds that the past judgement was wrong.

For example -

The court overturned its president in the case of Knick vs. Township of Scott. The court delivered a victory for property rights by overturning a 1985 precedent that had blocked by the federal courts.

  • The judgement should be welcomed, because it define the judiciary’s duty to correct its own mistakes.
  • It ensures that our constitutional rights are properly and fully protected.

Therefore, Court can overturn the president or past judgement if a court find the past judgement was wrong.

To know more about Overturn president,

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