Description: Judicial Avoidance : Balancing Competences in Constitutional Adjudication, Hardcover by Das Chagas, Carolina Alves; Barzun, Charles (EDT); De Visser, Maartje (EDT); Klatt, Matthias (EDT), ISBN 1509961496, ISBN-13 9781509961498, Brand New, Free shipping in the US "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 th: - 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, th 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"--
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Book Title: Judicial Avoidance : Balancing Competences in Constitutional Adju
Number of Pages: 176 Pages
Language: English
Publication Name: Judicial Avoidance : Balancing Competences in Constitutional Adjudication
Publisher: Bloomsbury Publishing
Publication Year: 2023
Item Height: 0.4 in
Subject: Constitutional, Government / General, Jurisprudence
Type: Textbook
Item Weight: 14.7 Oz
Subject Area: Law
Item Length: 9.2 in
Author: Carolina Alves Das Chagas
Series: Hart Studies in Constitutional Theory Ser.
Item Width: 6.1 in
Format: Hardcover
