Adjudication in judicial review: an inferential approach

Szczaranski, Federico (2020) Adjudication in judicial review: an inferential approach. PhD thesis, University of Glasgow.

Abstract

The thesis focuses on Judicial Review of Legislation, exploring—with the aid of Robert Brandom’s inferential semantics—the possibility of engaging in a properly judicial assessment of the constitutionality of a law. In order to do this, and after criticizing the proportionality approach to the subject, it addresses both the nature of the question that is put forward in cases of review of legislation and the essential features of adjudicative decisions, claiming that the conjunction of these two aspects leads to the configuration of a dilemma: the question asked in judicial review of legislation cases does not seem to be judicially answered. Resorting to inferential semantics, the thesis aims to provide a solution to the dilemma and to make explicit the costs of staying within judicial boundaries.

• Item Type: Thesis (PhD)
• Qualification Level: Doctoral
• Keywords: Judicial review, justification and application discourses, inferential semantics.
• Subjects: K Law > K Law (General)
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Christodoulidis, Professor Emilios and George, Professor Pavlakos
• Date of Award: 2020
• Depositing User: Mr. Federico Szczaranski
• Unique ID: glathesis:2020-81741
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 23 Oct 2020 08:18
• Last Modified: 05 Oct 2022 15:35
• URI: https://theses.gla.ac.uk/id/eprint/81741