Jump to ContentJump to Main Navigation
Philosopher Kings?The Adjudication of Conflicting Human Rights and Social Values$
Users without a subscription are not able to see the full content.

George C. Christie

Print publication date: 2011

Print ISBN-13: 9780195341157

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780195341157.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 December 2019

The Optimal Conditions for Case-By-Case Adjudication and its Limits

The Optimal Conditions for Case-By-Case Adjudication and its Limits

Chapter:
(p.129) 10 The Optimal Conditions for Case-By-Case Adjudication and its Limits
Source:
Philosopher Kings?
Author(s):

George C. Christie (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195341157.003.0010

This chapter discusses some important formal attributes of a successful case-by-case decision-making process. For case-by-case adjudication to do its bit to provide a workable, judicially enforceable framework for managing basic conflicts without resorting primarily to reliance on authority and authority's power to enforce its decisions, certain factors must be considered in addition to procedural fairness. First, to have any hope of giving serious guidance to future litigants and decision makers, the system must generate the necessary large number of cases involving relatively similar factual patterns over a comparatively finite period of time. Second, guidance will be enhanced if the final decision-maker is a relatively fixed body with a relatively fixed composition.

Keywords:   case-by-case decision making, judicial decision making, adjudication process, courts, human rights

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .