The fourth volume of our recently launched Hart Studies in Constitutional Theory has been published. The series is co-edited by Professor Matthias Klatt.
We are delighted to announce that our former team member Dr Carolina Alves das Chagas' major monograph entitled "Judicial Avoidance: Balancing Competences in Constitutional Adjudication" is now part of this series.
In this volume, she addresses the subject of courts avoiding to decide some or all of the merits of a case. She seeks to determine whether this avoidance is legitimate and how it could be practised legitimately. The discussion involves understanding the conflict of competences and defends and argues for the possibility of applying "formal balancing" to provide a more precise framework for exercising justiciability and judicial deference.
Check out more about it here.