Download Full eBooks in PDF
Constitutional Precedents Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Constitutional Precedents book. This book definitely worth reading, it is an incredibly well-written.
Author : India. Constituent Assembly
Publisher : Unknown
Page : 188 pages
File Size : 48,9 Mb
Release : 1947
Category : Constitutional law
ISBN : MINN:31951D007289454
Author : Schultz, David
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 43,6 Mb
Release : 2022-03-15
Category : Law
ISBN : 9781839103131
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.
Author : Michael J. Gerhardt
Publisher : Oxford University Press
Page : 353 pages
File Size : 42,9 Mb
Release : 2011
Category : Law
ISBN : 9780199795796
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.
Author : Akhil Reed Amar,Akhil Amar
Publisher : Basic Books
Page : 640 pages
File Size : 41,8 Mb
Release : 2012-09-11
Category : Law
ISBN : 9780465033096
Explores the little-understood relationship between the written Constitution and the many external factors that shape the interpretations of this foundational document.
Author : David Schultz
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 53,5 Mb
Release : 2022-03-15
Category : Electronic
ISBN : 1839103124
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.
Author : Christopher J. Peters
Publisher : Springer Science & Business Media
Page : 233 pages
File Size : 54,6 Mb
Release : 2014-02-11
Category : Law
ISBN : 9789400779518
This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.
Author : Tania Groppi,Marie-Claire Ponthoreau
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 49,9 Mb
Release : 2013-03-28
Category : Law
ISBN : 9781782251019
In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.
Author : Randy J. Kozel
Publisher : Cambridge University Press
Page : 191 pages
File Size : 54,6 Mb
Release : 2017-06-06
Category : Law
ISBN : 9781107127531
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Author : D. Neil MacCormick,Robert S. Summers,Arthur L. Goodhart
Publisher : Routledge
Page : 604 pages
File Size : 51,5 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351926447
This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations lead to its being differently handled and rationalised in different places. Out of the comparative study come the six theoretical and synoptic essays that conclude the volume.
Author : Monika Florczak-Wątor
Publisher : Routledge
Page : 278 pages
File Size : 48,8 Mb
Release : 2022-03-30
Category : Law
ISBN : 9781000589993
This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author : Marc Jacob
Publisher : Cambridge University Press
Page : 357 pages
File Size : 50,9 Mb
Release : 2014-03-20
Category : Law
ISBN : 9781107045491
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Author : LAWRENCE. DAVID
Publisher : Unknown
Page : 128 pages
File Size : 42,8 Mb
Release : 2020
Category : Electronic
ISBN : 0433506091
Author : Tania Groppi,Marie-Claire Ponthoreau
Publisher : Bloomsbury Publishing
Page : 470 pages
File Size : 42,9 Mb
Release : 2013-03-28
Category : Law
ISBN : 9781782251002
In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.
Author : Charles W. Pierson
Publisher : DigiCat
Page : 127 pages
File Size : 41,9 Mb
Release : 2022-09-16
Category : History
ISBN : EAN:8596547351122
DigiCat Publishing presents to you this special edition of "Our Changing Constitution" by Charles W. Pierson. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Author : Laurence Goldstein
Publisher : Oxford University Press, USA
Page : 304 pages
File Size : 45,9 Mb
Release : 1987
Category : Stare decisis
ISBN : STANFORD:36105043992465
It has been said that precedent is the life blood of legal systems. Certainly, an understanding of precedent is vital to an understanding of the workings of law. The principle that decisions should follow those of past similar cases seems simple enough, yet it turns out to be beset with difficulties. What is the justification for following precedents? Do we want absolute, unswerving following of past decisions or a weaker implementation that allows for limited departures? What social and theoretical forces wrought changes in the doctrine? Are judicial pronouncements on precedent rules or just conventions? How do we identify the ratio decidendi of a case? What are the means by which a general "projectable" conclusion may be elicited from a particular judgment? These are some of the problems addressed by contributors to this volume.