Constitutional Precedent in US Supreme Court Reasoning

Constitutional Precedent in US Supreme Court Reasoning
Author :
Publisher : Edward Elgar Publishing
Total Pages : 200
Release :
ISBN-10 : 1839103124
ISBN-13 : 9781839103124
Rating : 4/5 (124 Downloads)

Book Synopsis Constitutional Precedent in US Supreme Court Reasoning by : David Schultz

Download or read book Constitutional Precedent in US Supreme Court Reasoning written by David Schultz and published by Edward Elgar Publishing. This book was released on 2022-03-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Related Books

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

GET EBOOK

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 ca
The Encyclopedia of American Law
Language: en
Pages: 561
Authors: David A. Schultz
Categories: Law
Type: BOOK - Published: 2014-05-14 - Publisher: Infobase Publishing

GET EBOOK

There's an old saying: Ignorance of the law is no excuse for breaking it. Yet for most people
United States of America V. Schultz
Language: en
Pages: 16
Authors:
Categories:
Type: BOOK - Published: 1961 - Publisher:

GET EBOOK

Encyclopedia of the Supreme Court, Second Edition
Language: en
Pages: 888
Authors: David Schultz
Categories: History
Type: BOOK - Published: 2021-09-01 - Publisher: Infobase Holdings, Inc

GET EBOOK

Praise for the previous edition: "...concise, well-written entries...Schultz's accessible work will be of use to both undergraduates and the general public; rec
Buckley and Mailer: The Difficult Friendship That Shaped the Sixties
Language: en
Pages: 478
Authors: Kevin M. Schultz
Categories: History
Type: BOOK - Published: 2015-06-01 - Publisher: W. W. Norton & Company

GET EBOOK

A lively chronicle of the 1960s through the surprisingly close and incredibly contentious friendship of its two most colorful characters. Norman Mailer and Will