Stare decisis e interpretazione costituzionale

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.