Judicial Avoidance - Balancing Competences in Constitutional Adjudication (Hardcover)

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.

General

Imprint:	Hart Publishing
Country of origin:	United Kingdom
Series:	Hart Studies in Constitutional Theory
Release date:	August 2023
Authors:	Carolina Alves Das Chagas
Dimensions:	234 x 156mm (L x W)
Format:	Hardcover
Pages:	176
ISBN-13:	978-1-5099-6149-8
Categories:	Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law Books > Law > Jurisprudence & general issues > Comparative law Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
LSN:	1-5099-6149-6
Barcode:	9781509961498

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