Values in the Supreme Court

Decisions, Division and Diversity

Rachel Cahill-O'Callaghan (University of Cardiff)

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English

Hart Publishing
26 August 2021

Judicial powers; Constitutional & administrative law

Series: Hart Studies on Judging and the Courts

This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin’s hard cases 'in which the result is not clearly dictated by statute or precedent’. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.

By: Rachel Cahill-O'Callaghan (University of Cardiff)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 331g
ISBN: 9781509954766
ISBN 10: 1509954767
Series: Hart Studies on Judging and the Courts
Pages: 232
Publication Date: 26 August 2021
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Rachel Cahill-O'Callaghan is Senior Lecturer in Law at Cardiff University