RATIONALITY AND (SELF) PRECEDENTE

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

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