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OverviewThis 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. Full Product DetailsAuthor: Carolina Alves das Chagas (United Nations Office on Drugs and Crime, Austria)Publisher: Bloomsbury Publishing PLC Imprint: Hart Publishing ISBN: 9781509961498ISBN 10: 1509961496 Pages: 176 Publication Date: 24 August 2023 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Manufactured on demand We will order this item for you from a manufactured on demand supplier. Table of ContentsReviewsAuthor InformationCarolina Alves das Chagas is Programme Coordinator at the United Nations Office on Drugs and Crime, Austria. Tab Content 6Author Website:Countries AvailableAll regions |