Constitutional precedent in US Supreme Court reasoning / David Schultz.

Format:

Book

Author/Creator:

Schultz, David A. (David Andrew), 1958- author.

Contributor:

Edward Elgar Publishing, publisher.

Language:

English

Subjects (All):

Law--United States--Methodology.

Stare decisis--United States.

Judicial process--United States.

Constitutional history--United States.

United States. Supreme Court--Rules and practice.

United States.

Genre:

Rules.

Physical Description:

1 online resource (196 pages)

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, [2022]

Summary:

"Precedent is an important tool of judicial decision making and reasoning in civil 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. 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"-- Provided by publisher.

Contents:

Contents: Introduction: The nature of legal precedent in American law

1. Jay to vinson courts

2. The warren court

3. The burger court

4. The rehnquist court

5.the roberts court

Index.

Notes:

Includes index.

Description based on print version record.

Includes bibliographical references and index.

Other Format:

Print version: Schultz, David Constitutional Precedent in US Supreme Court Reasoning

ISBN:

9781839103131