The Illinois Bill of Rights and Our Independent Legal Tradition: A Critique of the Illinois Lockstep Doctrine

摘要

Illinois’ highest court continues to follow the rule that courts of this state are strictly bound by Supreme Court decisions construing provisions that are substantially identical to provisions found in the Illinois Constitution. Increasingly, however, this rule has been challenged by dissenting justices who contend that it is contrary to the state’s independent legal tradition and rests upon an accurate view of the relationship between federal and state courts and their respective constitutions. These justices contend that the court may give independent attention to the provisions of the Illinois Constitution and need not slavishly adhere to decisions of the Supreme Court. The debate is hardly over; indeed, it appears that it has scarcely begun. This article seeks to contribute to the implications of the premise that the Illinois Constitution is the highest law of Illinois.