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Judicial Avoidance Carolina Alves das Chagas (United Nations Office on Drugs and Crime, Austria)

Judicial Avoidance By Carolina Alves das Chagas (United Nations Office on Drugs and Crime, Austria)

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Judicial Avoidance Summary

Judicial Avoidance: Balancing Competences in Constitutional Adjudication by Carolina Alves das Chagas (United Nations Office on Drugs and Crime, Austria)

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.

About Carolina Alves das Chagas (United Nations Office on Drugs and Crime, Austria)

Carolina Alves das Chagas is Programme Coordinator at the United Nations Office on Drugs and Crime, Austria.

Table of Contents

1. Introduction Part One: First Legitimacy Question: Are Judicial Avoidance Practices Legitimate? 2. Judicial Avoidance: A Matter of Competence 3. Judicial Avoidance and the Rule of Law Part Two: Second Legitimacy Question: The Methodology for Legitimate Judicial Avoidance 4. Competence as Rules and Principles 5. Judicial Avoidance and the Balancing Method 6. Balancing Specificities in Judicial Avoidance Part Three: Instances of Avoidance and Legitimate Practice 7. Admissibility Control: Establishing the Courts’ Competence 8. Merits Avoidance: The Degree of the Courts’ Scrutiny

Additional information

CIN1509961496VG
9781509961498
1509961496
Judicial Avoidance: Balancing Competences in Constitutional Adjudication by Carolina Alves das Chagas (United Nations Office on Drugs and Crime, Austria)
Used - Very Good
Hardback
Bloomsbury Publishing PLC
2023-08-24
176
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

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