Judicial Avoidance: Balancing Competences in Constitutional Adjudication

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Carolina Alves das Chagas (United Nations Office on Drugs and Crime, Austria) Charles Barzun (University of Virginia USA)

Judicial Avoidance

Balancing Competences in Constitutional Adjudication

Carolina Alves das Chagas (United Nations Office on Drugs and Crime, Austria), Charles Barzun (University of Virginia USA), Maartje de Visser (Singapore Management University) , Matthias Klatt (University of Graz Austria)

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English

Hart Publishing
20 February 2025

Constitution: government & the state; Comparative law; Constitutional & administrative law

Series: Hart Studies in Constitutional Theory

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.

By: Carolina Alves das Chagas (United Nations Office on Drugs and Crime Austria)
Edited by: Charles Barzun (University of Virginia USA), Maartje de Visser (Singapore Management University), Matthias Klatt (University of Graz Austria)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 25mm
Weight: 454g
ISBN: 9781509961535
ISBN 10: 1509961534
Series: Hart Studies in Constitutional Theory
Pages: 272
Publication Date: 20 February 2025
Audience: Professional and scholarly , College/higher education , Undergraduate , Further / Higher Education
Format: Paperback
Publisher's Status: Active

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