Judicial Avoidance
eBook - ePub

Judicial Avoidance

Balancing Competences in Constitutional Adjudication

  1. 272 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Judicial Avoidance

Balancing Competences in Constitutional Adjudication

About this book

This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book:
- Is it legitimate to practise judicial avoidance?
- How could judicial avoidance be practised legitimately? The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying 'formal balancing' to provide a clearer structure of the exercise of justiciability and judicial deference. The 'formal balancing' methodology is based on Alexy's principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.

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Yes, you can access Judicial Avoidance by Carolina Alves das Chagas in PDF and/or ePUB format, as well as other popular books in Law & Jurisprudence. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Hart Publishing
Year
2023
Print ISBN
9781509961498
eBook ISBN
9781509961504
Edition
1
Topic
Law
Subtopic
Jurisprudence
Index
Law

Table of contents

  1. Cover
  2. Dedication
  3. Title Page
  4. Foreword
  5. Contents
  6. 1. Introduction
  7. PART I: FIRST LEGITIMACY QUESTION: ARE JUDICIAL AVOIDANCE PRACTICES LEGITIMATE?
  8. PART II: SECOND LEGITIMACY QUESTION: THE METHODOLOGY FOR LEGITIMATE JUDICIAL AVOIDANCE
  9. PART III: INSTANCES OF AVOIDANCE AND LEGITIMATE PRACTICE
  10. Bibliography
  11. Index
  12. Copyright Page