Skip to main content
Taylor & Francis Group Logo
Advanced Search

Click here to search books using title name,author name and keywords.

  • Login
  • Hi, User  
    • Your Account
    • Logout
Advanced Search

Click here to search books using title name,author name and keywords.

Breadcrumbs Section. Click here to navigate to respective pages.

Chapter

Judicial decision making

Chapter

Judicial decision making

DOI link for Judicial decision making

Judicial decision making book

Judicial decision making

DOI link for Judicial decision making

Judicial decision making book

ByRichard Ingleby, Richard Johnstone
BookThinking About Law

Click here to navigate to parent product.

Edition 1st Edition
First Published 1995
Imprint Routledge
Pages 15
eBook ISBN 9781003118251

ABSTRACT

This chapter explores the nature and implications of judicial activity. It considers questions about the nature of judicial activity, and the attempts which have been made to create an understanding of the exercise of judicial discretion. The High Court’s decision in the Murray Islands case illustrates several issues to be considered in an analysis of judicial decision making. The controversy over the Murray Islands case of whether judges should ‘make’ or ‘declare’ law has resurrected an old jurisprudential chestnut which many thought to have been long buried by the recognition that the ‘reality of creative legal development’ does not sit easily within either paradigm. Liberal and formalist views of law rest on the assertion that there is a distinctively ‘legal’ body of reasoning completely distinguishable from other forms of reasoning. The jurisprudential debate about adjudication treats judicial activity as primarily the activity of higher appellate courts.

T&F logoTaylor & Francis Group logo
  • Policies
    • Privacy Policy
    • Terms & Conditions
    • Cookie Policy
    • Privacy Policy
    • Terms & Conditions
    • Cookie Policy
  • Journals
    • Taylor & Francis Online
    • CogentOA
    • Taylor & Francis Online
    • CogentOA
  • Corporate
    • Taylor & Francis Group
    • Taylor & Francis Group
    • Taylor & Francis Group
    • Taylor & Francis Group
  • Help & Contact
    • Students/Researchers
    • Librarians/Institutions
    • Students/Researchers
    • Librarians/Institutions
  • Connect with us

Connect with us

Registered in England & Wales No. 3099067
5 Howick Place | London | SW1P 1WG © 2021 Informa UK Limited