In today’s democracies, the importance and influence of constitutional decisions are indisputable. What sometimes comes across less visible is how influential courts also are when they avoid a decision. Judicial avoidance is a common practice all around the world. Jurisdictions use different techniques, at different moments, with a common aim: delaying a decision on the substance. This paper wants to explore the importance of providing a normative framework for judicial avoidance. It defends that the legitimacy of the courts will only be strengthened once these avoidance practices are also exercised in compatibility with the Rule of Law. For that, it will start by identifying the avoidance techniques used in different jurisdictions, but focusing mainly on the Brazilian Supreme Court. Then, the downsides of a pragmatic approach will be analyzed. In conclusion, the advantages of a normative approach will be fostered.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S