David Schultz
Constitutional Precedent in US Supreme Court Reasoning
Constitutional Precedent in US Supreme Court Reasoning
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Precedent is an important tool of judicial decision-making and reasoning in common law systems, but the US Supreme Court does not always follow it when it comes to constitutional reasoning. This book examines the role of constitutional precedent in US Supreme Court reasoning, exploring how the Court has approached it and justified its reversal. It is essential reading for law professors and students interested in precedent and its role in legal reasoning.
Format: Paperback / softback
Length: 200 pages
Publication date: 14 March 2023
Publisher: Edward Elgar Publishing Ltd
Precedent plays a crucial role in judicial decision-making and reasoning within common law systems, such as the United States. Instead of each court making fresh decisions in individual cases, the rule of precedent, also known as stare decisis, mandates that similar cases should be resolved in a similar manner. Adhering to precedent promotes several values, including stability, reliability, and uniformity, while also limiting judicial discretion. However, it is worth noting that the United States Supreme Court may deviate from precedent in constitutional reasoning in certain instances.
Throughout its history, the US Supreme Court has approached the rejection of its own precedent in diverse ways and at varying rates of reversal. This book delves into the significance of constitutional precedent in US Supreme Court reasoning. The author conducts a comprehensive survey of the US Supreme Court's history, focusing specifically on instances where it has overturned its own constitutional precedent. By examining these decisions, the author seeks to understand the factors that influenced the Court's choices and the justifications provided for reversing precedent.
The book quantifies the extent to which different courts have reversed constitutional precedents and identifies the reasons behind these reversals. It sheds light on the varying approaches taken by different Chief Justices of the US Supreme Court in dealing with constitutional precedents. Constitutional Precedent in US Supreme Court Reasoning is a valuable resource for law professors and students interested in precedent and its role in legal reasoning. Law libraries will also find this book of significance to their collections on legal reasoning and analysis.
Dimension: 234 x 156 (mm)
ISBN-13: 9781035315567
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