SENATE CONCURRENT RESOLUTION No. 38

 

 

STATE OF NEW JERSEY

210th LEGISLATURE

 

INTRODUCED FEBRUARY 21, 2002

 

 

Sponsored by:

Senator GERALD CARDINALE

District 39 (Bergen)

 

 

 

 

SYNOPSIS

    Requires provisions of Constitution and statutory law to act as sole sources for judicial decision making.

 

CURRENT VERSION OF TEXT

    As introduced.

 


A Concurrent Resolution proposing to add a new section IX to Article VI of the Constitution of the State of New Jersey.

 

    Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

 

    1. The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

 

PROPOSED AMENDMENT

 

    Amend Article VI by adding a new section IX as follows:

 

Section IX

 

    1. On and after the date on which this section becomes effective, any decision made by a court of this State shall be based on the provisions of the Constitution and the duly enacted statutes of the State of New Jersey. Any holding in any prior judicial decision conflicting with the provisions of the Constitution or statutory law shall not act as precedent.

 

    2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

 

    3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

    There shall be printed on each official ballot to be used at the general election, the following:

    a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question, as follows:

    If you favor the proposition printed below make a cross (X), plus (+), or check (•) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (•) in the square opposite the word "No."

    b. In every municipality the following question:





 

 

CONSTITUTIONAL AMENDMENT REQUIRING JUDICIAL DECISIONS BASED ON THE PROVISIONS OF THE CONSTITUTION AND STATUTORY LAW




 

YES

  Shall the Amendment to Article VI, agreed to by the Legislature, requiring judicial decisions to be based on the provisions of the Constitution and statutory law, be adopted?

 

 

INTERPRETIVE STATEMENT












 

NO

  Adoption of this amendment would require that on and after the date on which the amendment becomes effective, any decision made by a court in New Jersey would be required to be based on the provisions of the Constitution and statutory laws of New Jersey. Any judicial decision made prior to the date that this amendment becomes effective could not serve as precedent in the judicial decision making process if that decision conflicts with the provisions of the Constitution or statutory law.

 

 

STATEMENT

 

    Under the guise of interpreting the provisions of the Constitution and statutes of New Jersey, there has been a growing tendency on the part of the Judiciary to rely on prior judicial decisions as precedent rather than on the written provisions of the Constitution and statutory law. This amendment is intended to curtail that tendency by providing that upon the date this amendment takes effect, judicial decisions would be required to be based on the provisions of the Constitution and statutory law and that any prior judicial decision conflicting with the provisions of the Constitution or statutory law could not act as precedent.