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Vol 23 No 5 May/June 2018

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Judicial Discretion in the House of Lords

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ISBN13: 9780198274421
ISBN: 0198274424
Published: August 1998
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

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Constitutional and Administrative Law
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