The Power of Precedent
Oxford University Press Inc (Verlag)
978-0-19-515050-6 (ISBN)
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. In these forms, precedent exerts more force than is commonly acknowledged. This force is encapsulated in the implementation and recognition of what Gerhardt calls the "golden rule of precedent," a major dynamic in constitutional law. The rule calls upon justices and other public authorities to recognize that since they expect others to respect their own precedents, they must provide the same respect to others' precedents. Gerhardt's extensive exploration of precedent leads him to formulate a more expansive definition of it, one that encompasses not only the prior constitutional decisions of courts but also the constitutional judgments of other public authorities. Gerhardt concludes his study by looking at what the future holds for the concept, as he examines the decisions and attitudes toward precedent exhibited by the shift from the Rehnquist to the Roberts Court.
Authoritative and incisive, Gerhardt presents an in-depth look at this central yet understudied phenomenon at the core of all constitutional conflicts and one of undeniable importance to American law and politics. Ultimately, The Power of Precedent vividly illustrates how constitutional law is made and evolves both in and outside of the courts.
Michael Gerhardt is Samuel Ashe Distinguished Professor of Constitutional Law and Director of the UNC Center on Law and Government at University of North Carolina Law School. He is one of the foremost scholars on constitutional conflicts between the president and congress, and he has testified numerous times before congress, including as the only joint witness before the house judiciary committee's hearings on the history of impeachment. He served as CNN's resident expert during President Clinton's impeachment proceedings and a frequent commentator on Supreme Court selection for NPR.
Introduction ; 1. The Patterns Of Supreme Court Precedent ; 2. Theories Of Precedent ; 3. The Golden Rule ; 4. Non-Judicial Precedent ; 5. The Multiple Functions Of Precedent ; 6. Super Precedent ; Conclusion: The Future Of Precedent ; Appendix Tables I-VII ; Notes ; Index
| Erscheint lt. Verlag | 13.3.2008 |
|---|---|
| Verlagsort | New York |
| Sprache | englisch |
| Maße | 234 x 164 mm |
| Gewicht | 626 g |
| Themenwelt | Geschichte ► Teilgebiete der Geschichte ► Militärgeschichte |
| Recht / Steuern ► EU / Internationales Recht | |
| Recht / Steuern ► Öffentliches Recht | |
| Recht / Steuern ► Rechtsgeschichte | |
| Sozialwissenschaften ► Politik / Verwaltung ► Staat / Verwaltung | |
| ISBN-10 | 0-19-515050-3 / 0195150503 |
| ISBN-13 | 978-0-19-515050-6 / 9780195150506 |
| Zustand | Neuware |
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