Incrementalism and complexity
Courts are very often required to adjudicate complex social policy disputes, and there is no sign of the tide turning back. Such disputes arise under European Community law, in the private law of tort and contract, in constitutional law questions, and whenever policymakers must decide upon the content of an important new statute or even a bill of rights.
When contemplating the issue, the question for judges and policymakers alike is: ‘should a judge adjudicate this dispute at all, a...Expand abstract
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