The Power of Precedent

Updated to reflect recent legal cases, The Power of Precedent presents an in-depth look at the role that precedent plays in constitutional decision making. Clearly outlining the major issues in the continuing debates on the significance of precedent and evenly considering all sides, Michael Gerhardt's extensive exploration of precedent leads him to formulate a more expansive definition of it, one that encompasses not only the prior constitutional decisions of courts but also the constitutional judgments of other public authorities. Gerhardt concludes his study by looking at what the future holds for the concept, as he examines the decisions and attitudes toward precedent exhibited by the shift from the Rehnquist to the Roberts Court. Ultimately, The Power of Precedent vividly illustrates how constitutional law is made and evolves both in and outside of the courts.