This book explores critical issues about how courts engage with
questions of fact in public law adjudication. Although the topic of
judicial review — the mechanism through which individuals can
challenge governmental action — continues to generate sustained
interest amongst constitutional and administrative lawyers, there
has been little attention given to questions of fact. This is so
despite such determinations of fact often being hugely important to
the outcomes and impacts of public law adjudication. The book
brings together scholars from across the common law world to
identify and explore contested issues, common challenges, and gaps
in understanding. The various chapters consider where facts arise
in constitutional and administrative law proceedings, the role of
the courts, and the types of evidence that might assist courts in
determining legal issues that are underpinned by complex and
contested social or policy questions. The book also considers
whether the existing laws and practices surrounding evidence are
sufficient, and how other disciplines might assist the courts. The
book reconnects the key practical issues surrounding evidence and
facts with the lively academic debate on judicial review in the
common law world; it therefore contributes to an emerging area of
scholarly debate and also has practical implications for the
conduct of litigation and government policy-making.
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