Judicial Avoidance: Balancing Competences in Constitutional Adjudication

Carolina Alves das Chagas

This book considers the impact of judicial avoidance: What happens when courts leave parts of the merits of the case, or their whole, undecided for different reasons.

It presents examples of judicial avoidance, such as justiciability assessments and deferential approaches regarding the decision of another authority and addresses legitimacy issues involving judicial avoidance. At its core it presents answers to two key questions:

- Is it legitimate to practise judicial avoidance?

- How can judicial avoidance  be practised in a legitimate way?

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

Aug 2023   |   9781509961498   |   176pp   |   Hbk   |             RRP: £85

Discount Price: £68

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