Facts in Public Law Adjudication

This book explores critical issues about how courts engage with questions of fact in public law adjudication, bringing together scholars from across the common law world to identify and explore contested issues, common challenges, and gaps in understanding. It considers where facts arise in constitutional and administrative law proceedings, the role of the courts, and the types of evidence that might assist courts in determining legal issues. It also considers whether the existing laws and practices surrounding evidence are sufficient and how other disciplines might assist the courts.

Format: Hardback
Length: 328 pages
Publication date: 19 October 2023
Publisher: Bloomsbury Publishing PLC

This comprehensive book delves into critical aspects of how courts handle factual inquiries in the realm of public law adjudication. While the topic of judicial review, which allows individuals to challenge governmental actions, has garnered significant attention among constitutional and administrative lawyers, questions of fact have received relatively limited attention. This is surprising, considering that factual determinations often have a profound impact on the outcomes and consequences of public law cases.

The book brings together scholars from various common law jurisdictions to identify and examine contested issues, common challenges, and gaps in understanding regarding the role of facts in constitutional and administrative law proceedings. The diverse chapters explore the origins of facts in these legal contexts, the role of the courts, and the types of evidence that can assist courts in resolving complex and contentious social or policy-related legal issues. Additionally, the book examines whether the existing laws and practices surrounding evidence are sufficient and explores how other disciplines, such as social science, can contribute to the courts' decision-making process.

By reconnecting the key practical issues surrounding evidence and facts with the vibrant academic debate on judicial review in the common law world, this book makes a significant contribution to an emerging area of scholarly discourse. It also offers practical implications for the conduct of litigation and government policy-making, as it sheds light on the importance of evidence-based decision-making in the realm of public law.

Overall, this book is a valuable resource for scholars, practitioners, and policymakers interested in understanding the role of facts in public law adjudication and the challenges associated with evidence-based decision-making.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509957385