‘Post-decision Decision-making’
in Reasons to Doubt
January 2019; p ublished online March 2019 .
Chapter. Subjects: Criminal Law; Human Rights and Immigration. 13776 words.
This chapter examines the Criminal Cases Review Commission's policy on post-decision decision-making, focusing on what happens in cases when the Commission has decided there are no grounds...
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Decision-Making in the World Trade Organization
in Journal of International Economic Law
March 2005; p ublished online March 2005 .
Journal Article. Subjects: Financial Law; Public International Law; Economics. 0 words.
Globalization creates a demand for international rule-making, and the WTO remains the forum for creating binding and enforceable international trade rules. The WTO therefore needs an...
substitute decision-making
in Australian Law Dictionary
January 2013; p ublished online April 2015 .
Reference Entry. Subjects: Law. 101 words.
(1) informal decision-making arrangements ‘where someone makes decisions with or for another person without any formal legal authority to do
substitute decision-making
in Australian Law Dictionary
October 2017; p ublished online April 2018 .
Reference Entry. Subjects: Law. 101 words.
(1) informal decision-making arrangements ‘where someone makes decisions with or for another person without any formal legal authority to do
Decision-making process
Overview page. Subjects: Law.
The making of a judicial decision cannot be delegated or transferred. Each Justice must make a decision in his or her own way. A tentative view can be, and often ...
Judicial Decision-Making
in Behavioral Law and Economics
July 2018; p ublished online June 2018 .
Chapter. Subjects: Jurisprudence and Philosophy of Law. 21954 words.
This chapter discusses the rich behavioral research on judicial decision-making. It opens with general theories of the cognitive process of judicial decision-making, focusing on the story...
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Decision‐making process
in The Oxford Companion to the High Court of Australia
January 2001; p ublished online January 2007 .
Reference Entry. Subjects: Courts and Procedure. 1116 words.
The making of a judicial decision cannot be delegated or transferred. Each Justice must make a decision in his or
Part IV Remedies, 9 Judicial Review of Trustee Decision-Making
in The Supervisory Jurisdiction Over Trust Administration
December 2018 .
Chapter. Subjects: Law. 30 pages. 19172 words.
This chapter looks at how judicial review of trustee decision-making also tests the scope of the supervisory jurisdiction over trust administration and, in turn, the principles that define,...
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Legislation and Decision-Making
in EU Law
July 2015; p ublished online September 2015 .
Chapter. Subjects: EU Law. 21787 words.
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This...
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Making Sense of Decision-making
in Reasons to Doubt
January 2019; p ublished online March 2019 .
Chapter. Subjects: Criminal Law; Human Rights and Immigration. 10812 words.
This chapter examines decision-making and the use of discretion within the Criminal Cases Review Commission using socio-legal analysis, with particular emphasis on the application of the...
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Arbitral Decision-Making: Legal Realism and Law & Economics
in Journal of International Dispute Settlement
July 2015; p ublished online June 2015 .
Journal Article. Subjects: Arbitration; Private International Law and Conflict of Laws; Public International Law; Settlement of Disputes. 11459 words.
As the social impact and role of international arbitration receives increasing attention, one central theme in this conundrum gains prominence: how do arbitrators decide cases? What...
Weight in discretionary decision-making
in Oxford Journal of Legal Studies
January 1999; p ublished online January 1999 .
Journal Article. Subjects: Law. 0 words.
House of Lords authority in Tesco v Secretary of State for the Environment [1995] 1 WLR 759 has reinforced the well-established principle that judicial review will distinguish between...
MAKING DECISIONS ABOUT DECISION-MAKING: CONSCIENCE, REGULATION, AND THE LAW
in Medical Law Review
June 2015; p ublished online April 2015 .
Journal Article. Subjects: Medical and Healthcare Law; Medical Ethics. 10411 words.
The exercise of conscience can have far reaching effects. Poor behaviour can be fatal, as it has occurred in various medical scandals over the years. This article takes a wide definition of...
Decision-making by Entrenched Generalization
in Playing by the Rules
February 1993; p ublished online March 2012 .
Chapter. Subjects: Jurisprudence and Philosophy of Law. 15244 words.
This chapter examine the distinction between particularistic and rule-based decision making. It analyses the suboptimality of rules and suggests that this account rejects the arguments...
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Studies of Judicial Decision-Making
in Realistic Socio-Legal Theory
July 1999; p ublished online March 2012 .
Chapter. Subjects: Jurisprudence and Philosophy of Law. 13593 words.
This chapter focuses on a social scientific understanding of judicial decision making. Social Scientific analysis of judicial decision making would show that the social and institutional...
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Decision-making from Application to Outcome
in Reasons to Doubt
January 2019; p ublished online March 2019 .
Chapter. Subjects: Criminal Law; Human Rights and Immigration. 12263 words.
This chapter examines how law, policy, and culture shape organisational decision-making at the Criminal Cases Review Commission. Drawing on Chun Wei Choo's concept of a ‘knowing...
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Fiduciary Principles in Surrogate Decision-Making
in The Oxford Handbook of Fiduciary Law
May 2019; p ublished online May 2019 .
Article. Subjects: Trusts Law; Medical and Healthcare Law. 7762 words.
This chapter examines the fiduciary principles governing surrogate decision-making. Surrogate decision-making relationships arise when one person is appointed to make decisions for another,...
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Consensus Yet Not Consented: A Critique of the WTO Decision-Making by Consensus
in Journal of International Economic Law
March 2014; p ublished online February 2014 .
Journal Article. Subjects: Financial Law; Public International Law; Economics. 13638 words.
World Trade Organization’s consensus decision-making faces both practical and theoretical challenges. A major practical issue is that consensus involves deference to powers and problems of...
Amici Curiae and Judicial Decision Making
in Friends of the Supreme Court
September 2008; p ublished online January 2009 .
Chapter. Subjects: Constitutional and Administrative Law. 15938 words.
This chapter discusses the legal and attitudinal models of judicial decision making and introduces two competing theories for the possible influence of amicus briefs in the Supreme Court....
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Decision making in the WTO
in International Economic Law and Governance
July 2016; p ublished online January 2017 .
Chapter. Subjects: Public International Law. 14377 words.
In the recent times, the ‘consensus’ decision-making processes practiced in WTO have come under criticism owing to constant deadlocks. This inability of political bodies to address and...
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