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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?

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

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

Key Ideas in Law

This book explores several key ideas relating to the 'principle of legality'. In the United Kingdom, the 'principle of legality' is an interpretive tool applied by courts to legislation that is deemed to be unclear. The term is used as shorthand for the idea that Parliament may only override fundamental legal or constitutional norms using clear legislation. This deceptively simple notion has a rich and complex historical pedigree. Since the end of the twentieth century, a 'breach of the principle of legality' has become a discrete ground of judicial review rooted in the common law. But its status, definition, and reach all remain deeply contested. In recent years, recourse to 'the principle of legality' in public law claims has become increasingly controversial. As the corpus of case law has grown, the application of the 'principle of legality' has been identified by judges, academics, and politicians as both a source of legal uncertainty in its own right, and a vehicle for potential judicial overreach. By building on a rigorous analysis of relevant case law, this book considers the intellectual foundations of 'the principle of legality'. As the analysis unfolds, we will see that there is no singular 'principle of legality' which we can accurately pinpoint. Instead, it makes sense to talk about multiple principles of legality, doing distinct, but related, work. This becomes apparent when we explore the history of the principles of legality in the context of not just public law, but the wider legal system. Moving beyond the historical context, the book explores where and how the principles of legality apply in the contemporary legal system. Subsequent chapters explore the difficulties and uncertainties of determining whether the principles of legality are engaged. Thereafter, attention turns to what norms legality does and does not protect and how courts decide upon this. The final chapter sets the principles of legality in their broader constitutional context. Overall, it will demonstrate that concerns about relating to judicial overreach are overstated. In fact, the reverse is true: the application of the principles of legality do introduce a dimension of legal uncertainty, but ultimately fall short of their constitutional potential.

Key Ideas in Law: The Principle of Legality

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

Analyses in full the matters relating to the regulation of international trade under UK legislation, including coverage of geo-political situations such as the war in the Ukraine.

Analyses in full the matters relating to the regulation of international trade under UK legislation, including coverage of geo-political situations such as the war in the Ukraine.

The UK Regulation of International Trade

Melland Schill Perspectives on International Law

International Organisations, Non-State Actors, and the Formation of Customary International Law

The EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.

Developing the EEA over Three Decades

The EFTA Court

Anthem IGLP Rethinking Global Law and Policy Series

Anthem Critical Introductions

This book provides a critical introduction to the complex relationship between law and peace.

A Critical Introduction

Law and Peace

This book explores several key ideas relating to the 'principle of legality'. In the United Kingdom, the 'principle of legality' is an interpretive tool applied by courts to legislation that is deemed to be unclear. The term is used as shorthand for both the idea that Parliament may only override fundamental legal or constitutional norms using clear legislation. It also encapsulates the idea that courts can 'read down' or narrow the effect of general or ambiguous legislation to protect fundamental common law norms. These deceptively simple notions have a rich and complex historical pedigree. Since the end of the twentieth century, a 'breach of the principle of legality' has become a discrete ground of judicial review rooted in the common law. But its status, definition, and reach all remain deeply contested. In recent years, recourse to 'the principle of legality' in public law claims has become increasingly controversial. As the corpus of case law has grown, the application of the 'principle of legality' has been identified by judges, academics, and politicians as both a source of legal uncertainty in its own right, and a vehicle for potential judicial overreach. By building on a rigorous analysis of relevant case law, this book considers the intellectual foundations of 'the principle of legality'. As the analysis unfolds, we will see that there is no singular 'principle of legality' which we can accurately pinpoint. Instead, it makes sense to talk about multiple principles of legality, doing distinct, but related, work. This becomes apparent when we explore the history of the principles of legality in the context of not just public law, but the wider legal system. Moving beyond the historical context, the book explores where and how the principles of legality apply in the contemporary legal system. Subsequent chapters explore the difficulties and uncertainties of determining whether the principles of legality are engaged. Thereafter, attention turns to what norms legality does and does not protect and how courts decide upon this. The final chapter sets the principles of legality in their broader constitutional context. Overall, it will demonstrate that concerns about relating to judicial overreach are overstated. In fact, the reverse is true: the application of the principles of legality do introduce a dimension of legal uncertainty, but ultimately fall short of their constitutional potential.

Hart Studies in Constitutional Law

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

Making and Amending the Constitution

Studies in Private International Law - Asia

Private International Law in Uzbekistan

Hart Studies in Commercial and Financial Law

Stay ahead of the curve with this essential book, offering a concise, comprehensive and up-to-date analysis of the Prospectus Regulation (including its recent amendment by the EU Listing Act) and the pathbreaking Regulation on European Crowdfunding Service Providers (ECSPR). Placing the discussion in the context of the Capital Markets Union (CMU), this book provides a fresh and insightful perspective on the ever-evolving regulatory landscape of EU primary capital markets, setting out a practical roadmap for achieving effective and inclusive regulation. With a keen focus on the dynamic relationship between legal uniformity and differentiation, the book addresses 2 pivotal questions: how can the imperative of investor protection be balanced with the goal of providing businesses with improved and cost-effective access to EU primary securities markets, and how can the pursuit for greater unification be practically reconciled with the growing demand for regional solutions in a post-Brexit era? Unveiling a unique normative framework, the book provides a holistic perspective; it explores the underlying objectives and intricate complexities of the CMU, critically evaluates the transformative potential of regulatory actions, sheds light on potential inconsistencies, and offers insightful suggestions for future reforms. A must-read for policymakers, scholars, legal practitioners and anyone seeking to comprehend the current and emerging challenges in the regulation of EU primary capital markets.

Between Uniformity and Differentiation

Regulating Primary Markets in the Capital Markets Union

Good Judgment

Bibliografische Angaben

Inhaltsverzeichnis

Schlagworte

Bibliografische Angaben

Inhaltsverzeichnis

Schlagworte

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