RATIONALITY AND (SELF) PRECEDENTE

BRIEF REMARKS ON THE BASIS FOR THE SELF-PRECEDENCE RULE AND ITS IMPLICATIONS

Authors

  • Marina Gascón Abellán

Keywords:

Self-Precedent, Judicial Rationality, overruling

Abstract

Th is paper tries to show how the self-precedent judiciary rule is a legal tool for ensuring rationality that should be understood as showing the Kantian moral rule of universality. On this basis I tackle some controversial questions concerning the application of the rule. In particular the problem of its applicability when changes in the make-up of courts happen, or when courts work on diff erent panels, as well as the relevant question of whether the eff ects of overruling must be retroactive or prospective

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Published

2020-05-22

How to Cite

Gascón Abellán, M. (2020). RATIONALITY AND (SELF) PRECEDENTE : BRIEF REMARKS ON THE BASIS FOR THE SELF-PRECEDENCE RULE AND ITS IMPLICATIONS. Teoría & Derecho. Revista De Pensamiento jurídico, (10), 133–148. Retrieved from https://teoriayderecho.tirant.com/index.php/teoria-y-derecho/article/view/203