The Stare Decisis

Intro :

We are going to talk about the stare decisis, It is a legal rule applying particularly in the countries of common law.

The stare decisis is not either, cleanly, a

[doctrine] or a [theory]; it is a principle, that of the precedent, a still called rule of the precedent. The previous jurisdictional decision serving as standard authorizes the judges to supply on a point of law the solution for all the similar cases subjected to their examination.

In the countries of common law, on one hand, an important part of the right is the jurisprudential law.

And on the other hand, it is considered that the precise meaning of the laws only becomes clear when courts have had to apply them in concrete situations.

It was originally established for reasons of necessity: it was necessary to ensure uniformity and certainty of the jurisprudential rules.

So we can wonder why it is an important part of the American legal système.

First of all Rachel and Mathieu will present the importance of the supreme court of the united states then Monica and Clement will study that the rule of the precedent

I The importance of the supreme court of the united states

A) The Supreme court

First ,The supreme court of the united states is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789; this article authorizes the congress to institute the other lower courts. The supreme court is required for all the cases about the constitution or American laws and also the agreements that they conclude.

The motto of the supreme court is « equal justice under law ».

The supreme court sits in WDC in the building of the supreme court since 1935.

In fact before 1935 it sat in the capitol.

The congress thanks to the law put the number of judges that sit in the supreme court. There were 7 at the beginning and since 1869 there are 9.

There is a president named chief justice and the others judges named associate justice. First there is the chief justice and the others follow him by the order of years of experience.

The article 3 put their way of nomination and also their benefits.

They are designated for life by the president of the usa with the consent of the Senate with the majority of 3/5. The senate already refused 28 times the presidentials propositions

They occup their places as long as they want, but they can be destitute with the impeachment, for treason bribery or others high crimes and misdemeanors as the article 2 says. but it never occurred that a judge has been destitute. The procedure never happened but once in 1804 the US house of representative voted to destitute the judge Samuel Chase but he was acquitted by the senate.

The constitution doesn’t require any obligation about who can be nominated judge. Most of the time it’s famous jurists, that pleaded as lawyer or as government councilor in front of the supreme court. They are not anonymous as the continental judges. In the difference opinions we can see the different votes.

Or it could be federal judges who sat in the supreme court of their states.

They often take their retirement when they are « old » and they can continue to sit in the court in the other state.

Then we will deals with the role of the supreme court

B) Le rôle de la court suprême

The Supreme Court a fundamental institution in the American democracy.

The nine judges which make it up her are appointed for life by the President of the UnitedStates and they are confirmed by the Senate.

The Supreme Court is the court of last resort in the United-States, it had to judge the compliance between laws and Constitution and she it like the mediator for the very important questions of society. For exemple, the debate for or against the death penalty or fo or against the abortion ?

But it’s not the only function of the Supreme Court. It allows to examine decisions, laws, presidential decrees and decides on their conformity about Constitution of United-States. All decisions of the Supreme Court are very importante for the american society.

Every year, the Supreme Court deals with in general one hundred cases. The most importants decisions are made in june.  On june twenty six for exemple, the Supreme Court has pronounced itself about a presidential decree signed by Donald Trump to prevent the entrance of people who comes from of five muslim countries and of North Korea into the United-States.

Another example, in two thousand and sixteen judges of Supreme Court refused a law of state of Texas which refused abortion for women.

Traditionally, presidents of United-States choose politics or legal professionals who have the same political opinion as them. Judges can resign or opt out of the Supreme Court. We have the exemple of the Judge Anthony Kennedy.

Each person nominated in this institution is very important and can change the political life of American society with different subjects like immigration, abortion etc …

We spoke about different judges of the Supreme Court and curiously only four women were elected in the Supreme Court against one hundred and nine men.

Not any constitutional court in any country had a role more important than that of Supreme Court in United-States. This exceptional place of Supreme Cour in the history and the american society explains its three functions.

First of all, the Supreme Court must resolve different conflicts between States which

composed une United-States

Then, the court needs to ensure interpretation and application of the federal law

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