Judicial Avoidance

preview-18
  • Judicial Avoidance Book Detail

  • Author : Carolina Alves das Chagas
  • Release Date : 2023-08-24
  • Publisher : Bloomsbury Publishing
  • Genre : Law
  • Pages : 171
  • ISBN 13 : 150996150X
  • File Size : 98,98 MB

Judicial Avoidance by Carolina Alves das Chagas PDF Summary

Book Description: 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.

Disclaimer: www.yourbookbest.com does not own Judicial Avoidance books pdf, neither created or scanned. We just provide the link that is already available on the internet, public domain and in Google Drive. If any way it violates the law or has any issues, then kindly mail us via contact us page to request the removal of the link.

Judicial Avoidance

Judicial Avoidance

File Size : 38,38 MB
Total View : 275 Views
DOWNLOAD

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 justiciabi

Process-based Fundamental Rights Review

Process-based Fundamental Rights Review

File Size : 14,14 MB
Total View : 8847 Views
DOWNLOAD

Courts often rely on process-based fundamental rights review. This means that they examine the diligence, fairness, and quality of legislative, administrative,

Process-based Fundamental Rights Review

Process-based Fundamental Rights Review

File Size : 24,24 MB
Total View : 9638 Views
DOWNLOAD

Courts often rely on process-based fundamental rights review. This means that they examine the diligence, fairness, and quality of legislative, administrative,