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.
Les mer
This book concentrates on the arguments the Law Lords use in justifying their decisions and is concerned with the legal methodology and the substance of their decisions. The main theme is that they utilise more discretion in their judgements than is normally admitted and that much depends on which judges hear a case.
Les mer
Preface ; 1. Politics and Judicial Discretion ; 2. A Statistical Analysis of Judicial Discretion ; 3. Judicial Methodology in Statutory Interpretation ; 4. Judicial Methodology and the Common Law ; 5. In Re Pepper v Hart: Comments on the nature of Laws ; 6. Pure Policy - The Law of Negligence ; 7. Imposing Rationality on the State ; 8. Public Law and the Liberty of the Person ; 9. Judicial Review as Welfare Management ; 10. Conclusion - Legal Argument and Politics ; Index
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US social scientists are extremely interested in the work of courts, this book looks at the UK situation in a similar way and demonstrates that legal decisions are more important politically than many involved in politics admit This book is topical as it implicitly argues for a Bill of Rights, and its publication will coincide with the introduction of a UK Bill on this subject This is one of only a few books that look at the way legal decisions are made by the Law Lords
Les mer
David Robertson is a fellow and tutor of politics at St Hugh's College, Oxford. He has previously taught in the Institute for East-West Security Studies, New York; the School of Advanced International Studies, Washington DC; and the European University Institute, Florence, amongst others.
Les mer
US social scientists are extremely interested in the work of courts, this book looks at the UK situation in a similar way and demonstrates that legal decisions are more important politically than many involved in politics admit This book is topical as it implicitly argues for a Bill of Rights, and its publication will coincide with the introduction of a UK Bill on this subject This is one of only a few books that look at the way legal decisions are made by the Law Lords
Les mer

Produktdetaljer

ISBN
9780198274421
Publisert
1998
Utgiver
Oxford University Press
Vekt
784 gr
Høyde
241 mm
Bredde
163 mm
Dybde
30 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
434

Forfatter

Biografisk notat

David Robertson is a fellow and tutor of politics at St Hugh's College, Oxford. He has previously taught in the Institute for East-West Security Studies, New York; the School of Advanced International Studies, Washington DC; and the European University Institute, Florence, amongst others.