Administrative / Constitutional Law

Precedents as Rules and Practice: New Approaches and Methodologies in Studies of Legal Precedents

Edited by Amalie Frese · Julius Schumann
Hart Publishing January 2022

Specifications

ISBN-13
9781509938506
Publisher
Hart Publishing
Publication
January 2022
Format
Hardback
Jurisdiction
Germany ? Countri(es) for reference only

Details

This book brings together contributions with different approaches to the study of precedent as both 'rules' and 'practice'. The questions asked are thus not limited to whether precedent is defined by its constraining effect, but furthermore the contributions often concern the functions and roles of precedent through research questions such as: What is precedent when studying the practice of judicial decision making? How are precedents formed by adjudication and conversely, what role do precedent citations play for shaping judicial decisions and the outcomes? To what extent are precedents used in different systems of law and in different court's jurisprudence? When and for what are precedents used? And what different effects do different styles of precedent have and why?

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