Judicial Avoidance - (Hart Studies in Constitutional Theory) by Carolina Alves Das Chagas (Paperback)
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About this item
Highlights
- This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided?
- About the Author: Carolina Alves das Chagas is Programme Coordinator at the United Nations Office on Drugs and Crime, Austria.
- 272 Pages
- Freedom + Security / Law Enforcement, Civil Procedure
- Series Name: Hart Studies in Constitutional Theory
Description
About the 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"--Book Synopsis
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.
About the Author
Carolina Alves das Chagas is Programme Coordinator at the United Nations Office on Drugs and Crime, Austria.Dimensions (Overall): 9.21 Inches (H) x 6.14 Inches (W) x .36 Inches (D)
Weight: .54 Pounds
Suggested Age: 22 Years and Up
Number of Pages: 272
Genre: Freedom + Security / Law Enforcement
Sub-Genre: Civil Procedure
Series Title: Hart Studies in Constitutional Theory
Publisher: Hart Publishing
Format: Paperback
Author: Carolina Alves Das Chagas
Language: English
Street Date: February 20, 2025
TCIN: 1003470477
UPC: 9781509961535
Item Number (DPCI): 247-20-2994
Origin: Made in the USA or Imported
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Shipping details
Estimated ship dimensions: 0.36 inches length x 6.14 inches width x 9.21 inches height
Estimated ship weight: 0.54 pounds
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