The aim of the essay is to examine the methodology of “backdating” in the english constitutional system regarding the protection of rights, through the lens of the development of habeas corpus and due process of law.
The paper deals with the idea of binding precedent in constitutional adjudication, addressing the case of the US Supreme Court jurisprudence. Moving from its recent conflicts on the issue, especially exacerbated by the originalist polemics, the paper aims at tackling the most conventional assumptions surrounding this common law experience. It pauses on the absence of shared understandings of the stare decisis doctrine and advises for a deeper theoretical commitment in its uses related to the constitutional interpretation.
The aim of this essay is to stress the relevance of the struggle against royal monopolies in England between XVI and XVII centuries both on the subject of protection of freedom and on that of the affirmation of the sovereignty of Parliament.
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