Chapter

Nonjudicial Precedent

Michael J. Gerhardt

in The Power of Precedent

Published in print March 2008 | ISBN: 9780195150506
Published online May 2008 | e-ISBN: 9780199871131 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195150506.003.0005
Nonjudicial Precedent

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This chapter suggests that precedent is often discounted as a source in constitutional decision making because it is usually understood narrowly as judicial decisions. But it shows that a broader definition of precedent encompasses nonjudicial precedent (any of the past constitutional judgments of nonjudicial actors which judicial or other authorities seek to invest with normative power). It shows how nonjudicial precedent is important not only to courts, but to nonjudicial actors.

Keywords: precedent; nonjudicial precedent; constitutional law; Supreme Court; presidents; Congress

Chapter.  14164 words. 

Subjects: US Politics

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