Judicial Discretion in the House of Lords [Hardcover]

This book concentrates on the arguments the Lords use in justifying their decisions, and is concerned as much with the legal methodology as with the substance of their decisions. Although close attention is paid to the different approaches and styles of judicial argument, 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.

Preface
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
Index

David Robertsonis 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.