Judicial discretion in the House of Lords / David Robertson.

Author
Robertson, David, 1946- [Browse]
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 - AKD7132 .R63 1998 Browse related items Request

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    Subject(s)
    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.
    ISBN
    • 0198274424 ((acid-free paper))
    • 9780198274421 ((acid-free paper))
    LCCN
    98024211
    OCLC
    39074185
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