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Chan, Cora,

Deference in human rights adjudication : ACLAW - Human Rights: ACL / Cora Chan. - 1. - xvi, 207 pages 24 cm.

Table of Cases;
1 Introduction;
I. Two Underexplored Questions;
II. Definition, Scope, and Methodology;
III. Internal Logic and External Constraints;
IV. Existing Discussions;
V. Potential Objections;
VI. Roadmap of the Book;
2 Reasons for Deference;
I. Introduction;
II. Deference and Judicial Reasoning;
III. Grounds Versus Factors;
IV. Three Sets of Grounds for Deference;
V. Factors Indicating Grounds;
VI. Relative Merits of the Taxonomy;
VII. Arriving at Correct Answers to Rights Issues Before the Court;
VIII. Respect for Constitutional Legitimacy;
IX. Residual Category;
X. The Normativity of the Three Grounds;
XI. Conclusion;
3 Devices for Deference;
I. Introduction;
II. Overview of Schema;
III. Comparison of Devices;
IV. Methodology and Originality;
V. Rights Definition Stage;
VI. Rights Limitation Stage;
VII. Remedial Stage;
VIII. Conclusion;
4 Choice of Device I: Type of Reasons;
I. Introduction;
II. Existing Discussions;
III. Standard of Review Versus Burden and Standard of Proof;
IV. Giving of Weight Versus Other Review Devices;
V. Choice of Interpretation and Choice of Remedy Versus Review Devices;
VI. Deference Across Issues;
VII. Conclusion;
5 Choice of Device II: Strength of Reasons;
I. Introduction;
II. Range and Granularity of Deference;
III. Comparison of Degrees of Deference;
IV. Double Counting of Deference;
V. Defining Double Counting;
VI. Suspect Categories;
VII. Conclusion;
6 Choice of Device III: Practicability;
I. Introduction;
II. Trade-Off Between Practicability and Flexibility;
III. Rules, Presumptions, and Factorial Analysis;
IV. Division of Work Amongst Deference Devices;
V. Clear and Reliable Indicators;
VI. Gradating and Bundling of Devices;
VII. Conclusion;
7 Conclusion;
I. Introduction;
II. Summary of the Book;
III. Illustrations: Four Models;
IV. Relationship Between Internal Logic and External Constraints;
V. Applicability, Significance, and Future Research Directions;
Bibliography;
Index.


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ISBN: 9780198921646

LCCN: 2024934054

Dewey Class. No.: 347.0121