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Philosopher Kings?The Adjudication of Conflicting Human Rights and Social Values$
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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

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

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

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

George C. Christie (Contributor Webpage)

Oxford University Press

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

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