CHRONIQUES

THE SUPREME COURT TERM 1987-88 by Michael H. DAVIS * and Burt NEUBORNE **

The «steadily increasing conservative trend », that was noted in the Chronique last year about decisions of the United States Supreme Court, has continued this Term. However, perhaps due to typically American legal phenomena, especially the principes of precedent and of stare decisis , progressive decisions are still produced in substantial number. In fact, the decisions in several key areas involving civil rights and liberties seem to pave new, though limited, liberalizing paths.

Because the nature of the Unites States Supreme Court combines competence in the three very different areas of normal law, administrative law, and constitutional law, it frequently occurs that a decision in one area, especially in the constitutional domain, utilizes doctrines that borrow heavily from one of the others areas. Due to that fact and, as we stated last year in a different context, due to «the common law nature of the Court and its location at the pinnacle of the entire judicial system », the United States Supreme Court performs its multiple roles without embarrassment. As a result, however, some American doctrines may be peculiarly inaccessible to the civil law scholar. Therefore, with this Chronique, the authors have endeavored to add, to this and future Chroniques, a fuller explanation of certain basic doctrines where it appears necessary.

The major decisions of this Term occupy five principal areas : religion cases ; free speach cases including free expression and free press decisions ; civil rights cases, inculding discrimination and abortion cases ; and administrative law, including due process and judicial review.

I - Religion cases

The religion cases were very discouraging this year. Generally, they reflected the Court's reluctance to mark a clear line between Government and

Annuaire international de justice constitutionnelle, Vol. IV, 1988