Title
Settled Versus Right: A Theory of Precedent
Files
Description
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.
ISBN
9781107127531
Publication Date
2017
Publisher
Cambridge University Press
City
New York
Keywords
Supreme Court, Stare Decisis, Federal Courts, Constitutional Law, Constitutional theory, Precedent, Judicial Decisionmaking
Disciplines
Constitutional Law | Law | Supreme Court of the United States
Recommended Citation
Kozel, Randy J., "Settled Versus Right: A Theory of Precedent" (2017). Books. 290.
https://scholarship.law.nd.edu/law_books/290