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Judicial Avoidance: Balancing Competences in Constitutional Adjudication
Hardcover
Series: Hart Studies in Constitutional Theory
ISBN13: 9781509961498
Publisher: Hart Publishing
Published: Aug 24 2023
Pages: 176
Weight: 0.92
Height: 0.44 Width: 6.14 Depth: 9.21
Language: English
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:- 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.
1 different editions
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Judicial Avoidance: Balancing Competences in Constitutional Adjudication
Alves Das Chagas, Carolina
Paperback
Also from
Alves Das Chagas, Carolina
Judicial Avoidance: Balancing Competences in Constitutional Adjudication
Alves Das Chagas, Carolina
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