Constitutional Precedent in US Supreme Court Reasoning

Released on by Schultz, David
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  • Constitutional Precedent in US Supreme Court Reasoning Book Detail

  • Author : Schultz, David
  • Release Date : 2022-03-15
  • Publisher : Edward Elgar Publishing
  • Genre : Law
  • Pages : 200
  • ISBN 13 : 1839103132
  • File Size : 10,10 MB
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Constitutional Precedent in US Supreme Court Reasoning by Schultz, David PDF Summary

Book Description: 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. 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.

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