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Law --- -Stare decisis --- -Precedents (Law) --- Judgments --- Judicial process --- Legal certainty --- Res judicata --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Interpretation and construction --- -Acts, Legislative --- Precedents (Law) --- -Interpretation and construction

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Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. There is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions in favour of precedent-following. This book examines the force and the limitations of these arguments and shows that although the principal requirement of the doctrine of precedent is that courts respect earlier judicial decisions on materially identical facts, the doctrine also requires courts to depart from such decisions when following them would perpetuate legal error or injustice. Not only do judicial precedents not 'bind' judges in the classical-positivist sense, but, were they to do so, they would be ill suited to common-law decision-making. Combining historical inquiry and philosophical analysis, this book will assist anyone seeking to understand how precedent operates as a common-law doctrine.

Legal theory and methods. Philosophy of law --- Stare decision --- Law --- Interpretation and construction --- Judicial process --- Judicial process. --- Stare decisis --- Stare decisis. --- General and Others --- Law - Interpretation and construction --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Procedure (Law) --- Precedents (Law) --- Judgments --- Legal certainty --- Res judicata --- Psychological aspects --- Droit --- Common law --- Précédents (droit) --- Case law --- Sources

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Legal theory and methods. Philosophy of law --- Stare decisis --- Law --- Philosophy --- Precedents (Law) --- Judgments --- Judicial process --- Legal certainty --- Res judicata --- Interpretation and construction --- -Philosophy --- Stare decisis. --- Philosophy. --- Jurisprudence --- Law - Philosophy

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"This collection examines case-based reasoning in constitutional adjudication, that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts, namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary, the common law supreme courts of the United States, Canada, and Australia, and the European international courts represented by the European Court of Human Rights, and the Court of Justice of the European Union"-- Provided by the publisher.

Constitutional law --- Constitutional law. --- Philosophy. --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction --- case-based reasoning --- constitutional adjudication --- constitutional courts --- European international courts --- precedents

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Law --- Great Britain --- Stare decisis --- Précédents (Droit) --- -340.142 <41> --- Precedents (Law) --- Judgments --- Judicial process --- Legal certainty --- Res judicata --- Rechtspraak. Jurisprudentie--Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland --- Interpretation and construction --- 340.142 <41> Rechtspraak. Jurisprudentie--Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland --- Précédents (Droit) --- 340.142 <41> --- Stare decisis - Great Britain --- THEORIE GENERALE DU DROIT --- Obiter dictum --- SOURCES --- PRECEDENT --- GRANDE-BRETAGNE