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Judicial discretion in the House of Lords / David Robertson.
Author
Robertson, David, 1946-
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Format
Book
Language
English
Published/Created
Oxford : Clarendon Press ; New York : Oxford University Press, 1998.
Description
xiv, 417 pages : illustrations ; 24 cm
Availability
Copies in the Library
Location
Call Number
Status
Location Service
Notes
Forrestal Annex - A
KD7132 .R63 1998
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Details
Subject(s)
Judicial discretion
—
Great Britain
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Judicial process
—
Great Britain
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Great Britain Parliament House of Lords
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Summary note
One of only a few studies of the Law Lords, this book concentrates on the arguments the Lords use in justifying their decisions, and is concerned as much with the legal methodology as with the substance of their decisions. Although close attention is paid to the different approaches and styles of judicial argument, the book is not restricted to this traditional analytic approach. One chapter applies the statistical techniques Americans call 'jurimetrics' and have successfully used on the US Supreme Court. The main theme is that the Law Lords enjoy and fully utilise far more discretion in their judgements than is normally admitted, and that much depends on exactly which judges happen to hear a case. The second part of the book then shows the impact this extreme discretion has had on both public law and areas of civil law.
Notes
Includes index.
Bibliographic references
Includes bibliographical references and index.
Contents
Pt. 1. How the Law Lords Work. Ch. 1. Introduction
Politics and Judicial Discretion. Ch. 2. A Statistical Analysis of Judicial Discretion. Ch. 3. Judicial Methodology in Statutory Interpretation. Ch. 4. Judicial Methodology and the Common Law. Ch. 5. In Re Pepper v. Hart: Comments on the Nature of Laws
Pt. 2. What the Law Lords Have Done. Ch. 6. Pure Policy
The Law of Negligence. Ch. 7. Imposing Rationality on the State. Ch. 8. Public Law and the Liberty of the Person. Ch. 9. Judicial Review as Welfare Management. Ch. 10. Conclusion
Legal Argument and Politics.
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ISBN
0198274424 ((acid-free paper))
9780198274421 ((acid-free paper))
LCCN
98024211
OCLC
39074185
Statement on language in description
Princeton University Library aims to describe library materials in a manner that is respectful to the individuals and communities who create, use, and are represented in the collections we manage.
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Judicial discretion in the House of Lords / David Robertson.
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SCSB-10232773