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Procedural Issues

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter considers various procedural issues associated with the exercise of the judicial power to stay proceedings as an abuse of process. It is shown that while the exercise of judicial ... More


Deviating from Legal Standards

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0003
Subject:
Philosophy, Political Philosophy

This chapter first discusses judicial incentives to perform their official duties. It then distinguishes between various ways in which judges can take legal standards into account. A judge can ... More


Senses of Discretion

D. J. Galligan

in Discretionary Powers: A Legal Study of Official Discretion

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198256526
eISBN:
9780191681653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256526.003.0001
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter first sets out the book's main theme, namely that discretionary power is neither merely peripheral to the exercise of official authority, nor an undesirable deviation from an ideal ... More


Sentencing and Review

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0004
Subject:
Law, Legal History

This chapter on sentencing and review in the 19th century begins with a discussion of judicial sentencing discretion, covering the legislative framework and the machinery for review. It then ... More


The Coherence of EU Law: The Search for Unity in Divergent Concepts

Sacha Prechal and Bert van Roermund (eds)

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.001.0001
Subject:
Law, EU Law

The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be ... More


Discretion and Remedies

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter provides important insights into the role that judicial discretion plays in the grant of both common law and equitable remedies. It draws on the works of a number of scholars to overcome ... More


The Discretion of the Judge *

Tom Bingham

in The Business of Judging: Selected Essays and Speeches

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299127
eISBN:
9780191685620
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299127.003.0003
Subject:
Law, Legal Profession and Ethics, Philosophy of Law

Any lack of certainty as to what judicial discretion is may be thought undesirable. For if judicial discretions are dangerous as capable of ... More


The Role of the Courts: Tenth Amendment Balancing

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0006
Subject:
Law, Constitutional and Administrative Law

Chapter Six offers a preliminary exploration of how Balanced Federalism theory would depart from the status quo, imagining the strongest judicial role within such a model. It sets forth the ... More


A Theory of Interpretation of the European Convention on Human Rights

George Letsas

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199203437
eISBN:
9780191707773
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203437.001.0001
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This book provides a philosophical study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-American legal, political, and moral ... More


The Discretionary Heart of Administrative Law

Lord Cooke of Thorndon

in The Golden Metwand and the Crooked Cord: Essays in Honour of Sir William Wade QC

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198264699
eISBN:
9780191682766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264699.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter argues that administrative law is so much occupied with defining the boundaries of discretion when the substance of decisions is under review that it would not be inappropriate to give ... More


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