Author: LAWRENCE. DAVIDPublisher:
ISBN: 9780433506096
Category :
Languages : en
Pages :
Book Description
STARE DECISIS, THE CHARTER AND THE RULE OF LAW IN THE SUPREME COURT OF CANADA.
Author: LAWRENCE. DAVIDPublisher:
ISBN: 9780433506096
Category :
Languages : en
Pages :
Book Description
Settled Versus Right
Author: Randy J. KozelPublisher: Cambridge University Press
ISBN: 110712753X
Category : Law
Languages : en
Pages : 191
Book Description
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Precedent in the United States Supreme Court
Author: Christopher J. PetersPublisher: Springer Science & Business Media
ISBN: 9400779518
Category : Law
Languages : en
Pages : 233
Book Description
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.
The Oxford Handbook of U.S. Judicial Behavior
Author: Lee EpsteinPublisher: Oxford University Press
ISBN: 019957989X
Category : Law
Languages : en
Pages : 625
Book Description
The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics George C. Edwards III.
Precedents and Case-Based Reasoning in the European Court of Justice
Author: Marc JacobPublisher: Cambridge University Press
ISBN: 1107045495
Category : Law
Languages : en
Pages : 357
Book Description
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Stare Decisis in Commonwealth Appellate Courts
Author: J. David MurphyRights Talk
Author: Mary Ann GlendonPublisher: Simon and Schuster
ISBN: 1439108684
Category : Political Science
Languages : en
Pages : 410
Book Description
Political speech in the United States is undergoing a crisis. Glendon's acclaimed book traces the evolution of the strident language of rights in America and shows how it has captured the nation's devotion to individualism and liberty, but omitted the American traditions of hospitality and care for the community.
The Constitution
Author: Michael Stokes PaulsenPublisher: Basic Books
ISBN: 0465093299
Category : Law
Languages : en
Pages : 364
Book Description
The definitive modern primer on the US Constitution, “an eloquent testament to the Constitution as a covenant across generations” (National Review). From freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. Yet most of us know surprisingly little about the Constitution itself. In The Constitution, legal scholars Michael Stokes Paulsen and Luke Paulsen offer a lively introduction to the supreme law of the United States. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors correct popular misconceptions about the Constitution and offer powerful insights into its true meaning. This lucid guide provides readers with the tools to think critically about constitutional issues — a skill that is ever more essential to the continued flourishing of American democracy.
Precedent in the World Court
Author: Mohamed ShahabuddeenPublisher: Cambridge University Press
ISBN: 9780521046718
Category : Law
Languages : en
Pages : 268
Book Description
Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.
Originalism and the Good Constitution
Author: John O. McGinnisPublisher: Harvard University Press
ISBN: 0674727363
Category : Law
Languages : en
Pages : 377
Book Description
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.