Judicious Avoidance
Bibliographic Data
| ID | 6222164 |
|---|---|
| Authors | Iain Currie (University of the Witwatersrand, corresponding author) |
| Year | 1999 |
| Volume | 15 |
| Issue | 2 |
| Pages | 138-165 |
| Publication date | 1999-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | South African Journal on Human Rights (JOURNAL) |
| Journal identifiers | ISSN: 0258-7203 • E-ISSN: 1996-2126 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/02587203.1999.11835006 |
| OpenAlex | W4206572842 |
| Language | EN |
| Citations received | 2 |
| References cited | 1 |
This article describes and evaluates the Constitutional Court's practice of ‘decisional minimalism’, a practice of avoidance of decisions that do not have to be made, avoidance of first-order reasoning when decisions can be made on a deductive or analogical basis and avoidance of large-scale theorising when substantive decisionmaking is unavoidable.The debate which took place when we heard the present matters spread far and wide over the field of pornography and obscenity, exploring every visible pocket of it and stepping in the process on many prickly points. We should tread no such path in turn. To do so is not only unnecessary, and to be avoided on that conventional count, but also unwise.Case v Minister of Safety and Security (Didcott J)
Business · Law and economics · Political science · Sociology · Computer Science · Criminal Law and Evidence · Judicial and Constitutional Studies · Law · Law in Society and Culture · Psychology
| Citations per year | 0.14 |
|---|---|
| Citation span | 2012 - 2012 (1) |
| Highly cited | No |