Stare decisis makes it hard for constitutional law to change and improve. Here are some reasons why:
Rigidity: Courts often stick to old decisions. This can stop the law from growing and adapting to new problems we face today.
Inconsistency: Sometimes, different courts make conflicting decisions. This can create confusion and uncertainty about what the law actually means.
Constitutional Stagnation: Relying too much on past cases can stop important changes. This can slow down progress on key social issues that need attention.
We should find a balance when it comes to using old decisions. This means being flexible when values in society change.
Judges should be open to rethinking old rulings. This would help keep the law fresh and relevant to today’s world.
Stare decisis makes it hard for constitutional law to change and improve. Here are some reasons why:
Rigidity: Courts often stick to old decisions. This can stop the law from growing and adapting to new problems we face today.
Inconsistency: Sometimes, different courts make conflicting decisions. This can create confusion and uncertainty about what the law actually means.
Constitutional Stagnation: Relying too much on past cases can stop important changes. This can slow down progress on key social issues that need attention.
We should find a balance when it comes to using old decisions. This means being flexible when values in society change.
Judges should be open to rethinking old rulings. This would help keep the law fresh and relevant to today’s world.