Author Description

This is the first extended analysis of the political function of the judiciary in hard cases. It studies a number of cases in specific branches of English law in light of three models of the judicial function drawn from the current literature (the consensus model, the rights model, and the interstitial legislator model) and considers some consequent implications for the judicial role in the government. Bell also provides an extended critique of R. M. Dworkin's theory of adjudication. To expand the scope of his argument, Bell makes use of Current European jurisprudential material.