Hart Studies in Constitutional Theory

Judicial Avoidance

Balancing Competences in Constitutional Adjudication

Carolina Alves das Chagas, United Nations Office on Drugs and Crime, Austria

This book considers the impact of judicial avoidance: What happens when courts leave parts of the merits of the case, or their whole, undecided for different reasons

It presents examples of judicial avoidance, such as justiciability assessments and deferential approaches regarding the decision of another authority and addresses legitimacy issues involving judicial avoidance At its core it presents answers to two key questions:

- Is it legitimate to practise judicial avoidance?

- How can judicial avoidance be practised in a legitimate way?

UK August 2023 • US August 2023 • 224 pages

HB 9781509961498 • £85 00 / $115 00 ePub 9781509961504 • £76 50 / $103 94 ePdf 9781509961511 • £76 50 / $103 94

Series: Hart Studies in Constitutional Theory • Hart Publishing

Proportionality and Facts in Constitutional Adjudication

Anne Carter, Deakin University, Australia

This book considers the relationship between proportionality and facts in constitutional adjudication It analyses where facts arise within each of the 3 stages of the structured proportionality test – suitability, necessity, and balancing – and it considers the nature of these ‘facts’ vis-à-vis the facts that arise in the course of ordinary litigation

The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a critical time when the doctrine is in its formative stages

UK July 2023 • US July 2023 • 272 pages

PB 9781509955497 • £42 99 / $58 95

Previously published in HB 9781509936984 ePub 9781509936991 £76 50 / $103 94 ePdf 9781509937004 £76 50 / $103 94

Series: Hart Studies in Constitutional Theory • Hart Publishing

Administrative Law in Action Immigration Administration

Robert Thomas, University of Manchester, UK

This book analyses how administrative law works in practice through a detailed case-study and evaluation of one of the UK’s largest and most important administrative agencies, the immigration department In doing so, the book broadens the conversation of administrative law beyond the courts to include how administrative agencies themselves make, apply, and enforce the law

Blending theoretical and empirical administrative-legal analysis, the book demonstrates why we need to pay closer attention to what government agencies actually do, how they do it, and how they are organised and held to account

UK August 2023

• US August 2023

• 384 pages

PB 9781509953158 £44 99 / $60 95

Previously published in HB 9781509953110 ePub 9781509953127 £81 00 / $110 69