Description
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
Author: Carolina Alves Das Chagas
Publisher: Bloomsbury Publishing PLC
Published: 08/24/2023
Pages: 176
Binding Type: Hardcover
Weight: 0.92lbs
Size: 9.21h x 6.14w x 0.44d
ISBN13: 9781509961498
ISBN10: 1509961496
BISAC Categories:
- Law | Constitutional
- Law | Government | General
- Law | Jurisprudence
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
Author: Carolina Alves Das Chagas
Publisher: Bloomsbury Publishing PLC
Published: 08/24/2023
Pages: 176
Binding Type: Hardcover
Weight: 0.92lbs
Size: 9.21h x 6.14w x 0.44d
ISBN13: 9781509961498
ISBN10: 1509961496
BISAC Categories:
- Law | Constitutional
- Law | Government | General
- Law | Jurisprudence
About the Author
Carolina Alves das Chagas is Programme Coordinator at the United Nations Office on Drugs and Crime, Austria.