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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


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


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


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


Expert Testimony: Legal Standards for Admissibility

Jules Epstein

in Expert Testimony on the Psychology of Eyewitness Identification

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195331974
eISBN:
9780199868193
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195331974.003.004
Subject:
Psychology, Forensic Psychology

The determination of whether to admit expert testimony on eyewitness perception, retention, and recall is not in any way limited to questions of science. Rather, it is a product of a series of ... More


Ronald Dworkin's Right Answer Thesis

Brian Bix

in Law, Language, and Legal Determinacy

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198260509
eISBN:
9780191682100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260509.003.0005
Subject:
Law, Philosophy of Law

Ronald Dworkin's earlier work advocated that there exists a unique right answer for a vast majority of cases. However the nature of this ‘right answer thesis’ was a direct response to Hart's argument ... More


Forum Non Conveniens: History, Global Practice, and Future under the Hague Convention on Choice of Court Agreements

Ronald A. Brand and Scott R. Jablonski

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195329278
eISBN:
9780199855346
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195329278.001.0001
Subject:
Law, Private International Law

This book provides a comprehensive comparative review of the common law doctrine of forum non conveniens as it is practiced and applied in the United Kingdom, the United States, Canada, and ... More


Introduction

George Letsas

in A Theory of Interpretation of the European Convention on Human Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199203437
eISBN:
9780191707773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203437.003.0001
Subject:
Law, Human Rights and Immigration, Philosophy of Law

The aim of this book is to discuss the most abstract and general issues that the interpretation of the European Convention on Human Rights (ECHR) raises. The more important the ECHR becomes in ... More


Raz on Gaps—the Surprising Part

TIMOTHY A. O. ENDICOTT

in Rights, Culture and the Law: Themes from the Legal and Political Philosophy of Joseph Raz

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199248254
eISBN:
9780191714849
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248254.003.0006
Subject:
Law, Philosophy of Law

In English law, there are various ways in which contracts can be invalid or unenforceable because they are immoral — and yet English lawyers know that many contracts are conclusively binding. The ... More


Conclusions

Yuval Shany

in Regulating Jurisdictional Relations Between National and International Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211791
eISBN:
9780191706035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211791.003.0008
Subject:
Law, Public International Law

This concluding chapter presents the main thesis expounded in the book, i.e., that the increased interaction between national and international laws and institutions warrants the rethinking of ... More


Judicial Discretion and the Judicial Role

in H.L.A. Hart, Second Edition

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756785
eISBN:
9780804779562
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756785.003.0011
Subject:
Law, Philosophy of Law

In The Concept of Law, H. L. A. Hart reinstates the thesis that laws genuinely are rules, explicable as that special kind of social rules found in a 'union of primary and secondary rules'. He rejects ... More


Resisting Temptations to ‘Justice’

Mitchell McInnes

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0005
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter examines the danger that, without proper appreciation of the underlying philosophical foundations of the subject, courts are apt to use the action in unjust enrichment to serve ... More


Remedies Reclassified

Rafal Zakrzewski

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is about the law of remedies. It establishes the boundaries of this discrete area of law and provides a new classification of remedies. The book first examines the difficulties of the term ... More


Conclusion

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/9780199280834.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter presents a synthesis of discussions in the preceding chapters and some concluding thoughts from the author. It argues that the existence of a judicial discretion to stay criminal ... More


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