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/lit/ - Literature


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15569531 No.15569531 [Reply] [Original]

Not sure if /lit/-related but I thought you guys would know.

How does binding precedent interact with statute changes in common-law countries? For example, if a "landmark" case sets down a rule concerning how to treat your slaves, what's gonna happen when slavery is abolished by statute? This is an extreme example, but you should get the idea. Basically I wanted to know how much power statutes have to override binding precedent.

>> No.15569576

>>15569531
Typically the foundation of the government secretly drifts away from rules of precedence and into rules of construction.