Superprecedents

Authors

  • Siddharta Legale Universidade do Estado do Rio de Janeiro (UERJ)

Keywords:

Judicial Review, Precedents, Institutions and culture

Abstract

This paper discusses the concept of superprecedents. There are, in general, the result of a legal and cultural binding to precedents that make it difficult to overruling due to the social networks that support their arguments and meanings. It complements the traditional classification of precedents in intermediate and persuasive binding, in order to enable the thought on the authority of the precedent not only as a normative choice, but also as a process of cultural and institutional deliberation.

Downloads

Download data is not yet available.

Published

2016-09-02