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The power of precedent

The role that precedent plays in constitutional decision-making is a perennially divisive subject among legal scholars and political scientists. The debate rages over both empirical and normative aspects of the issue: to what extent are the Supreme Court and other constitutional actors constrained by precedent? To what extent should they be? The disagreements extend even to the meaning of precedent itself: does precedent consist of merely a prior holding or ruling? Or does it include the reasoning underlying the judgment? Taking up a topic long overdue for comprehensive treatment, Gerhardt provides the first book-length analysis of precedent by a legal scholar in several decades. Gerhardt clearly outlines the major issues in the ongoing debates about the significance of precedence, and offers his own novel theory for understanding the institutional power of precedence as a source of constraint on the constitutional decision-making of the Court, the presidency, and the Congress.

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  • "The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides."
  • "The role that precedent plays in constitutional decisionmaking is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court, Congress, and the executive branch constrained by precedent? To what extent should they be? Taking up a topic long overdue for comprehensive treatment, Michael Gerhardt connects the vast social science data and legal scholarship to provide the most wide-ranging assessment of precedent in several decades. The Power of Precedent clearly outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides. For the Supreme Court, precedents take many forms, including not only the Court's past opinions, but also norms, historical practices, and traditions that the justices have deliberately chosen to follow."
  • "The role that precedent plays in constitutional decision-making is a perennially divisive subject among legal scholars and political scientists. The debate rages over both empirical and normative aspects of the issue: to what extent are the Supreme Court and other constitutional actors constrained by precedent? To what extent should they be? The disagreements extend even to the meaning of precedent itself: does precedent consist of merely a prior holding or ruling? Or does it include the reasoning underlying the judgment? Taking up a topic long overdue for comprehensive treatment, Gerhardt provides the first book-length analysis of precedent by a legal scholar in several decades. Gerhardt clearly outlines the major issues in the ongoing debates about the significance of precedence, and offers his own novel theory for understanding the institutional power of precedence as a source of constraint on the constitutional decision-making of the Court, the presidency, and the Congress."@en
  • "The role that precedent plays in constitutional decision-making is a perennially divisive subject among legal scholars and political scientists. The debate rages over both empirical and normative aspects of the issue: to what extent are the Supreme Court and other constitutional actors constrained by precedent? To what extent should they be? The disagreements extend even to the meaning of precedent itself: does precedent consist of merely a prior holding or ruling? Or does it include the reasoning underlying the judgment? Taking up a topic long overdue for comprehensive treatment, Gerhardt provides the first book-length analysis of precedent by a legal scholar in several decades. Gerhardt clearly outlines the major issues in the ongoing debates about the significance of precedence, and offers his own novel theory for understanding the institutional power of precedence as a source of constraint on the constitutional decision-making of the Court, the presidency, and the Congress."

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  • "Electronic books"
  • "Electronic books"@en
  • "Ressource Internet (Descripteur de forme)"
  • "Livre électronique (Descripteur de forme)"

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  • "The Power of precedent"
  • "The power of precedent"
  • "The power of precedent"@en
  • "The Power of Precedent"

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