Judicial Discretion in the House of Lords

Hardcover | October 1, 1998

byDavid Robertson

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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 theirdecisions. 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 lawand areas of civil law.

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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 theirdecisions. Very close attention is paid to the di...

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.

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Format:HardcoverPublished:October 1, 1998Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198274424

ISBN - 13:9780198274421

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Table of Contents

Preface1. Politics and Judicial Discretion2. A Statistical Analysis of Judicial Discretion3. Judicial Methodology in Statutory Interpretation4. Judicial Methodology and the Common Law5. In Re Pepper v Hart: Comments on the nature of Laws6. Pure Policy - The Law of Negligence7. Imposing Rationality on the State8. Public Law and the Liberty of the Person9. Judicial Review as Welfare Management10. Conclusion - Legal Argument and PoliticsIndex