Settled Versus Right : A Theory of Precedent
Book Details
Format
Paperback / Softback
ISBN-10
1107566525
ISBN-13
9781107566521
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
US
Country of Publication
GB
Publication Date
Jun 6th, 2017
Print length
188 Pages
Weight
288 grams
Dimensions
18.10 x 22.80 x 1.40 cms
Product Classification:
Constitutional & administrative law
Ksh 6,100.00
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This book provides an in-depth analysis of the role of precedent in American judicial practice, while also developing a new theory for using precedent as a bridge between judges who are otherwise inclined to disagree.
In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel''s account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.
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