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Šadl U: Good Judgment

Good Judgment

The European Court of Justice as a Context-Conscious Lawmaker

1. Introduction a. The Main Claim b. The Structure i. The Premise ii. Contribution c. The Outline d. In Sum Part One: The Analytical Framework 2. Context Conscious Judging a. Four Perspectives on Context Conscious Judging i. Maximising Legal Values with Sound Legal Arguments ii. Maximising Power with Strategic Solutions iii. Maintaining Authority iv. Minimising Conflict by Muddling Through b. The Court's Context Conscious Reasoning and Political Power 3. Good Judgement a. From Context Conscious Judging to Good Judgment i. The Baseline: Model Application of Law and the Structure of Typical Justification ii. Non-binary Decisions: An Illustration iii. Conflicting Interests iv. Distinctions b. Three Types of Good Judgment c. Conclusion 4. Operationalising Good Judgment a. Three Steps of the Analysis b. The Parameters of Case Law i. Legal Characteristics ii. Case Characteristics c. Annotation of Judgments Conclusion to Part One Part Two: The Mechanics of Good Judgment 5. Persons a. Introduction b. The Rules Governing the Free Movement of Persons and European Citizens i. Treaty Rights, Legislative Acts, and the Competence to Regulate Free Movement ii. Citizenship Rights Directive: Consolidating Legislative Instruments, Case Law and Conflict c. Free Movement Disputes: Legal Issues d. The Parameters of Good Judgement i. Non-sanctioning Europeanisation of National Policies through the Prism of Proportionality, Discrimination and Compatibility Review ii. Individual Protection and Deferral of Authority in Judgments Upholding European Rights and Principles iii. Preserving State Autonomy in Judgments Advancing Free Movement of Persons Law iv. Relevant Information About Free Movement of Persons Cases e. Emblematic Judgments: Facts, Justification, Context, Implications i. Non-sanctioning Europeanisation of National Policies ii. Deferential Upholding of European Rights iii. Bounded Undesirable Interpretation f. Upholding Conflicting Interests - The Long Term 1954 - 2022 6. Goods a. Introduction b. The Legal Framework of Free Movement of Goods i. The Ambiguous Heart of the System ii. Rights at Stake and Interests at Play in the Case-law c. Free Movement Judgments: An Overview of Legal Questions d. The Parameters of Good Judgment i. Non-sanctioning Europeanisation of National Policies through the Prism of Proportionality, Discrimination and Compatibility Review ii. Deferral of Authority in Judgments Upholding Free Movement Rights and Principles iii. Preserving State Autonomy in Judgments Advancing Free Movement of Goods: Bounded Undesirable Interpretation iv. Relevant Information about Free Movement of Good Cases e. Emblematic Judgments: A Close Up i. The Non-sanctioning Europeanisation of National Policies ii. The Deferential Upholding of Free Movement Rights iii. The Bounded Undesirable Interpretation f. Upholding Conflicting Interests: The Long Term Part Three: The Mechanisms of Good Judgment Introduction i. Main Finding ii. Unpacking the Findings: The Roadmap a. Case Motivated Good Judgment i. The Applicants ii. The Case iii. The Institution (Idiosyncratic Good Judgment) b. Context-Motivated Good Judgment i. Recognising the Stakes ii. Honouring Fragile Consensus/Equilibrium iii. Adjusting to the Climate c. Alternative Tools of Context Conscious Judging i. Reframing Disputes ii. Mixed Signals iii. Low Stakes/Waiting for the Tide to Turn d. Appraisal 8. Conclusion a. Summary of the Argument b. Contribution c. Is Good Judgment a Good Idea?

Modern Studies in European Law

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

50 Years of Legal Integration

Nordic Cooperation and the European Union

The architect is a principal target in all types and levels of construction disputes. This book provides informal and practical advice explained in simple terms so that practicing architects can avoid the pitfalls inherent in the architect's role throughout the construction process. Written by a practicing architect who has acted as expert witness in over 200 cases, the book covers the key areas of vulnerability - design, design co-ordination, late information, inspection and certification. Using detailed case studies of built projects, the author identifies the law, how the problems arose and what remedies were put in place to resolve the issues. This is a book no architect can afford not to read.

The architect is a principal target in all types and levels of construction disputes. This book provides informal and practical advice explained in simple terms so that practicing architects can avoid the pitfalls inherent in the architect’s role throughout the construction process. Written by a practicing architect who has acted as expert witness in over 200 cases, the book covers the key areas of vulnerability – design, design co-ordination, late information, inspection and certification. Using detailed case studies of built projects, the author identifies the law, how the problems arose and what remedies were put in place to resolve the issues. This is a book no architect can afford not to read.

A Guidebook for the UK Architect

Why Architects Get Sued

Hart Studies in Constitutional Law

Landmark edited volume on the making and amendment of the UK constitution.

Making and Amending the Constitution

Lloyd's Environment and Energy Law Library

Liability allocation provisions are of vital importance in oil and gas contracts. This comprehensive text addresses the large number of practical challenges stemming from the drafting, interpretation and implementation of such clauses, all in one distinct volume.

Liability allocation provisions are of vital importance in oil and gas contracts. This comprehensive text addresses the large number of practical challenges stemming from the drafting, interpretation and implementation of such clauses, all in one distinct volume.

The Contractual Allocation of Liabilities in the Upstream Oil and Gas Industry

Outlines the urgent response needed to address privatization, which has led to dramatic but largely overlooked consequences for human rights.

Destroying the Social Contract and Empowering Corporate Actors

Privatizing Human Rights

Lloyd's Arbitration Law Library

This book compares the five key international arbitral rules: the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution, the Stockholm Chamber of Commerce and the ad hoc UNCITRAL Rules. It is the first book of its kind to consider the 2012 ICC Rules alongside the 2014 LCIA Rules. It is therefore, a vital guide for lawyers and staff involved in international arbitration.

This book compares the five key international arbitral rules: the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution, the Stockholm Chamber of Commerce and the ad hoc UNCITRAL Rules. It is the first book of its kind to consider the 2012 ICC Rules alongside the 2014 LCIA Rules.The book compares these five sets of rules by theme, addressing the role played by institutions; commencing the arbitration, formation and challenge of the Arbitral Tribunal; expedited and emergency procedures; conduct of the arbitration; powers of the tribunal; awards and orders; costs; and conduct and ethics. Each chapter contains a critique and commentary on the approach adopted by each institution, addressing the limitations of each set of rules whilst offering drafting tips and practical guidance for users and practitioners. It is therefore, a vital guide for lawyers and staff involved in international arbitration.

A comparative guide

International Arbitration Rules

An expert companion to the political and legal issues that led to Brexit, the challenges the UK now faces, possible outcomes of the negotiations, and the implications for the future of the UK and EU.

On 23 June 2016 voters in the United Kingdom voted unexpectedly in favour of departure from the European Union. The United Kingdom left the European Union on 31 January 2020. This book explains these two events, how led to the other, and what may now follow.

Brexit was not inevitable. There may well have not been a referendum in 2016 or at all. The result of the referendum could have gone the other way. The government may have made the exit notification on another date. The European Union and the United Kingdom could have approached the negotiations and withdrawal agreement in other ways. The departure may have been without a deal as early as March 2019 or postponed indefinitely. There was even, at times, the prospect of a further referendum where the Brexit mandate could have perhaps been reversed. It all could have been very different.

The way Brexit did happen was the result of a sequence of events and non-events, any of which could have gone differently. It also took place at a time of significant changes in media and social media, and also in domestic and international politics, all of which shaped the course and manner of the departure. Brexit may not have been inevitable but if Brexit had not happened between 2016 and 2020, it is possible the question of the United Kingdom's place in the European Union could have been forced in other ways.

Brexit also happened against the background of longer-term trends in politics and constitutional arrangements in the UK. Support for membership among mainstream politicians had been wide for fifty years but that consensus turned out to be shallow. The structural changes brought by the Good Friday Agreement of 1998 confined the actions of politicians twenty years later.

On Brexit sets out, in a sequence of interlinked essays, why and how Brexit turned out the way it did and not otherwise, and the text emphasises matters of law, policy and process as much as the course of political events. Brexit cannot be explained by structural and procedural matters but it cannot be fully explained just by politics either. On Brexit also sets out the political, media and constitutional contexts in which Brexit can be better understood.

By understanding how Brexit has so far taken the form it has, one is in a better position for understanding what will happen next, as the United Kingdom and the European negotiate their longer-term relationship.

This book was originally to be published as Brexit: what everyone needs to know

On Brexit

This book provides the most complete history of the Regency Acts and Counsellors of State ever undertaken. Using documents from the National Archives, the book outlines why the position was created in the early 20th century, how the question of a regency and Counsellors of State became entangled with the abdication of Edward VIII, and how the position became a crucial feature of the reign of Elizabeth II. Counsellors of State were a little-known part of the constitutional monarchy. Yet, recently, the role has attracted public scrutiny as Princes Harry and Andrew remain Counsellors despite their withdrawal from public life. Counsellors can deputise for the monarch when they are overseas or unwell, ensuring that the monarchy can continue to fulfil its constitutional functions. The book explains the role of Counsellors and the legal and practical problems surrounding their functions. It also discusses the problems with how the Regency Acts provide for a regent. The reign of Charles III raises important questions both for the present and the future. The King is known to favour a "slimmed down", more flexible, modern monarchy. Reforming the positions of Counsellors of State and regent could be part of this. Should the position be used to smooth the transition to William V? Should the British monarchy follow examples from other monarchies in Europe and allow a monarch to retire with the heir to the throne acting as regent? The book concludes with suggested reforms to ensure that the modern monarchy continues to fulfil its constitutional duties.

This book provides the most complete history of the Regency Acts and Counsellors of State ever undertaken. Using documents from the National Archives, the book outlines why the position was created in the early 20th century, how the question of a regency and Counsellors of State became entangled with the abdication of Edward VIII, and how the position became a crucial feature of the reign of Elizabeth II. Counsellors of State were a little-known part of the constitutional monarchy. Yet, recently, the role has attracted public scrutiny as Princes Harry and Andrew remain Counsellors despite their withdrawal from public life. Counsellors can deputise for the monarch when they are overseas or unwell, ensuring that the monarchy can continue to fulfil its constitutional functions. The book explains the role of Counsellors and the legal and practical problems surrounding their functions. It also discusses the problems with how the Regency Acts provide for a regent. The reign of Charles III raises important questions both for the present and the future. The King is known to favour a “slimmed down”, more flexible, modern monarchy. Reforming the positions of Counsellors of State and regent could be part of this. Should the position be used to smooth the transition to William V? Should the British monarchy follow examples from other monarchies in Europe and allow a monarch to retire with the heir to the throne acting as regent? The book concludes with suggested reforms to ensure that the modern monarchy continues to fulfil its constitutional duties.

Regency, Counsellors of State, and the Future of the Modern Monarchy

Studies in Private International Law - Asia

Private International Law in Uzbekistan

This is a treatise and commentary on French arbitration law including the updates brought in by the 2011 Decree. It follows the logical structure of the new decree itself, providing detailed analysis of both domestic and international arbitration law conducted under French arbitral procedure.

This is a treatise and commentary on French arbitration law including the updates brought in by the 2011 Decree. It follows the logical structure of the new decree itself, providing detailed analysis of both domestic and international arbitration law conducted under French arbitral procedure.

Law and Practice

Arbitration in France

This book offers a broad and systematic introduction to the study of miscarriages of justice by defining them and examining the dimensions, forms, and scale of the problem. The work examines the causes in detail with reference to key cases while also exploring official and unofficial responses. The book's discussion of how specific cases and campaigns have acted as drivers for change in relation to policy, practice and legislation aims to minimize future miscarriages of justice. The final chapters of the book apply a comparative approach, comparing the experiences of England and Wales to those of the United States, Canada, Australia and New Zealand and France.

Miscarriages of justice and their causes are an endemic part of criminal justice systems the world over. This book offers a broad and systematic introduction to the study of miscarriages of justice by defining them and examining the dimensions, forms, and scale of the problem. The work examines the causes in detail with reference to key cases while also exploring official and unofficial responses. It presents an evaluation of varied perspectives on recognising and rectifying miscarriages of justice, and considers debates concerning Innocence projects, family campaigns and technical fault in the justice process versus innocence as desirable mechanisms for scrutinising justice flaws. The book’s discussion of how specific cases and campaigns have acted as drivers for change in relation to policy, practice and legislation aims to minimize future miscarriages of justice. The final chapters of the book apply a comparative approach, comparing the experiences of England and Wales to those of the United States, Canada, Australia and New Zealand and France, thus providing an international perspective on the subject.This book will be an essential reference for students, researchers, practitioners and policy-makers working in the area of criminal justice.

Miscarriages of Justice in Contemporary Context

Good Judgment

Bibliografische Angaben

Inhaltsverzeichnis

Schlagworte

Bibliografische Angaben

Inhaltsverzeichnis

Schlagworte

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