HomeMy WebLinkAbout0072 found in ordinances, regulations, statutes, case decisional law and
the like are subordinate to and inferior to Constitutional mandates
and principles. In those instances where there is conflict between .
a statute and the Constitution or between decisional case law and the
Constitution, then certainly the Constitution must prevail under our
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system of jurisprudence. It is the absolute responsibility of every ~
Judge to follow such reasoning and to place the dictates of the Con-
stitution above all else bearing in mind the realistic and actual
common sense principles of justice, fairness, the interests of our
society and logical reasoning.
Counsel for the Defense in this case have argued
that this Court is bound by precedent in previous case decisions
concerning this matter. First of all, it must be noted that this
case raises certain issues which have not previously been raised in
similar situations in the Courts of the State of Florida as well as
in the United States Courts. Stare decisis is not a rule of law. It
is a matter of judicial policy. It has been stated that the rationale
behind this policy is the need td promote certainty, stability and
predictability of law. It is the general policy of the Courts not
to lightly overrule or change a precedent, especially where the
precedent has been followed for a Iong period of years. Sometimes it
is said that it is not for the Courts, but for the legislature to
abolish or change a rule of law that has become settled by judicial
prescedent for a long period of time. But it has also been said
that it is neither realistic nor consistent with the common law
tradition and perhaps other legal traditions to wait upon the legis-
lature to correct an outmoded rule of decisional law. Stare decisis
is to be a flexible judicial policy. A court may deviate from a
precedent for various reasons. Paramount among these is that a
precedent should not be followed where the principle of law established
by it appears unreasonable, wrong, improper or has become an anachron-
ism because of. the changed conditions of life, society and trends in
law. The policy of adhering to precedent should be deviated from
where adherence to precedent is likely to be of greater mischief
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