Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.
This Court is bound to adhere loyally to former decisions unless clearly satisfied that they are wrong. But, if we are satisfied that a former decision is clearly wrong, and not warranted by law, we ought not blindly to follow it: and I am satisfied that the Court has acted upon that principle on more than one occasion. ... I agree also that the Court should use the utmost circumspection in overruling a case which has been acted upon for several years, and especially after subsequent legislation upon the subject, which has left the decision untouched.
A Court of law is well justified, according to the comity of our Courts, in overruling the decision of another Court of co-ordinate jurisdiction.
Create and save customized word lists. Sign up today and start improving your vocabulary!