Settled Versus Right
Subtitle: A Theory of Precedent
Publisher: Cambridge University Press
Published: 2017
Language: eng
Number of pages: 188
ISBN-13: 9781107566521
Subjects: United states, supreme court; Stare decisis; Constitutional law, united states
Description: "[This book] develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. [The author] 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."--