Judicial Discretion in the House of Lords
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Product details:
- Publisher OUP Oxford
- Date of Publication 8 October 1998
- ISBN 9780198274421
- Binding Hardback
- No. of pages434 pages
- Size 241x163x30 mm
- Weight 784 g
- Language English 0
Categories
Short description:
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.
Long description:
There have been few studies of the Law Lords, and no study of them by a political scientist for more than ten years. This book concentrates on the arguments the Law Lords use in justifying their decisions, and is concerned as much with the legal methodology as with the substance of their decisions. Very close attention is paid to the different approaches and styles of judicial argument, but 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 shows the impact this extreme discretion has had in shaping both public law and areas of civil law.
Table of Contents:
Preface
Politics and Judicial Discretion
A Statistical Analysis of Judicial Discretion
Judicial Methodology in Statutory Interpretation
Judicial Methodology and the Common Law
In Re Pepper v Hart: Comments on the nature of Laws
Pure Policy - The Law of Negligence
Imposing Rationality on the State
Public Law and the Liberty of the Person
Judicial Review as Welfare Management
Conclusion - Legal Argument and Politics
Index
