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Judicial Avoidance: Balancing Competences in by Carolina Alves Das Chagas

Judicial Avoidance: Balancing Competences in

by Carolina Alves Das Chagas
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Book cover type: Misc
  • ISBN13: 9781509961535
  • Binding: Misc
  • Subject: N/A
  • Publisher: Hart
  • Publisher Imprint: Hart
  • Publication Date:
  • Pages: N/A
  • Original Price: USD 58.95
  • Language: English
  • Edition: N/A
  • Item Weight: 245 grams
  • BISAC Subject(s): Civil Procedure

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.

Barzun, Charles: - Charles Barzun is Horace W Goldsmith Professor of Law at the University of Virginia, USA. He specialises in legal philosophy, constitutional law, and constitutional theory and publishes widely on the common law, constitutional interpretation, and the history of legal thought.

Chagas, Carolina Alves Das: - Carolina Alves das Chagas is Programme Coordinator at the United Nations Office on Drugs and Crime, Austria.

Klatt, Matthias: - Matthias Klatt is Professor of Jurisprudence at the University of Graz, Austria.

Visser, Maartje de: - Maartje De Visser is Assistant Professor of Law at the Singapore Management University.

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