The Intricacies of Dicta and Dissent

Administrative / Constitutional Law

The Intricacies of Dicta and Dissent

By Neil Duxbury
Cambridge University Press August 2021

Specifications

ISBN-13
9781108841498
Publisher
Cambridge University Press
Publication
August 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making.

Table of Contents

Preface
Table of cases
Prologue
Essay I. Dicta: introduction
1. The civilian dimension
2. Case law as common law
3. 'Obiter' as legal entity
4. Dicta depicted
5. Oblique strategies
6. Engines of confusion
7. The necessity test
8. Cheap talk
9. Dicta and dicta
10. Nearly law?
11. Observation and authority
12. The sources problem
Essay II. Dissent: introduction
13. Some preliminary observations on dissent
14. The nature of judicial dissent
15. Without contraries is no progression?
16. Stalemates and motivations
17. Dissents, decisions, and courts
18. The tug of unanimity in England's courts
19. Dissent in an apex court
20. When is a dissent not a dissent?
21. Minorities as authorities
22. Are we agreed?
Index
HKD 1,311.44 −3%
HKD 1,352.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Administrative / Constitutional Law

View all
The Challenge of Originalism
Cambridge University Press

The Challenge of Originalism

Grant Huscroft; Bradley N. Miller
HKD 1,248.39
Sentencing, Public Opinion, and Criminal Justice: Essays in Honour of Julian V. Roberts
Oxford University Press

Sentencing, Public Opinion, and Criminal Justice: Essays in Honour of Julian V. Roberts

Marie Manikis; Gabrielle Watson
HKD 1,324.05
Law's Judgement
Hart Publishing

Law's Judgement

William Lucy
HKD 1,261.00
Global Constitutionalism and Its Challenges to Westphalian Constitutional Law
Hart Publishing

Global Constitutionalism and Its Challenges to Westphalian Constitutional Law

Martin Belov
HKD 453.83
Sovereign Excess, Legitimacy and Resistance
Routledge

Sovereign Excess, Legitimacy and Resistance

Francescomaria Tedesco
HKD 2,168.79
Reimagining Parliament
Bristol University Press

Reimagining Parliament

David Judge; Cristina Leston-Bandeira
HKD 292.47