This programme provides a critical assessment of the role of courts in the public policymaking process, assessing their level of influence and the legitimacy of their involvement.
The programme considers a range of issues within this context, including the relationship between courts, legislatures, and executives; how judicial policymaking fits within a democratic society; and how suitable the judicial forum is for handling policy choices.
This report examines the effectiveness of courts at adjudicating complex cases, summarising the issues raised in a workshop following the Annual Lecture 2008.
Covering cases involving health care, education, environmental risk regulation, and commercial law, the report examines the reliability of lay juries, the effect of expert witnesses and specialist evidence, and analyses methods such as incrementalism by which courts can respond to complex technical issues confronting them.
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