This Article discusses what a “super-precedent” is in American Constitutional Law. Additionally, it describes the current criteria used to identify super-precedents and the limitations of these criteria. It then mentions the various precedents that have been afforded this august title and suggests the need for an additional criterion to ensure the continued protection of those precedents most closely associated with the protection of human rights. Finally, the article identifies three additional precedents, beyond those usually recognized, that ought to be ranked super-precedents and provides a basis for ranking all precedents, grounded in autonomy, when they either conflict with one another or encounter a compelling state interest.
Recommended CitationVincent J. Samar, Identifying Super-precedents in an Era of Human Rights, 41 Pace L. Rev. 1 (2021)
Available at: https://digitalcommons.pace.edu/plr/vol41/iss2/1