Select Page

Alvin Weagar Yelloway, Esq.*

B.Sc., LL.B., LL.M.

 

ABSTRACT

In this article, the author argues that changing opinions of the Supreme Court of Liberia on cases with similar facts represent a significant departure from the common law principle of predictability, which ought to carry prominence within the Liberian Legal System. Such vacillation, the author argues, undermines legal certainty and weakens the rule of law. The author finds that the Supreme Court of Liberia engages in both procedural vacillation—inconsistencies in applying procedural rules—and substantive vacillation– inconsistencies in interpreting and applying substantive law. In the conclusion, the author urges the Court to improve on predictive law by upholding established precedents and continuing efforts to standardize the rule of law in Liberia.

KEY WORDS: Stare Decisis, Precedent, Judicial Vacillation, Procedural Vacillation, Substantive Vacillation, Standing, Sua Sponte, and Due Process

 

Judicial Vacillation in Liberia October 23 20251

 

 

Click here to download