Constitutional Precedent in US Supreme Court Reasoning

Constitutional Precedent in US Supreme Court Reasoning

Author: David Schultz

Publisher: Edward Elgar Publishing

ISBN: 1839103124

Category:

Page: 200

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Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.
Constitutional Precedent in US Supreme Court Reasoning
Language: en
Pages: 200
Authors: David Schultz
Categories:
Type: BOOK - Published: 2022-03-15 - Publisher: Edward Elgar Publishing

Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including
Precedent and Judicial Discretion
Language: en
Pages: 213
Authors: Samuel Morell
Categories: Religion
Type: BOOK - Published: 1991 - Publisher: University of South Florida

An essential guide for anyone interested in the Joseph ibn Lev case.
Judgment Calls
Language: en
Pages: 224
Authors: Daniel A. Farber, Suzanna Sherry
Categories: Law
Type: BOOK - Published: 2008-11-19 - Publisher: Oxford University Press

Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution? Our Constitution contains a great deal of language that is vague, broad, or ambiguous, making its meaning uncertain. Many people believe this uncertainty allows judges too much discretion. They
The Jurisprudence of Lord Denning
Language: en
Pages: 735
Authors: Charles Stephens
Categories: Law
Type: BOOK - Published: 2009-10-02 - Publisher: Cambridge Scholars Publishing

The Jurisprudence of Lord Denning: A Study in Legal History consists of three volumes: Fiat Justitia: Lord Denning and the Common Law; The Last of England: Lord Denning’s Englishry and the Law and Freedom under the Law: Lord Denning as Master of the Rolls, 1962–1982. Each volume considers a different
Precedents and Judicial Politics in EU Immigration Law
Language: en
Pages: 361
Authors: Marie De Somer
Categories: Political Science
Type: BOOK - Published: 2018-07-27 - Publisher: Springer

This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The