Steadying Factors in Deliberative and Decision-making Procedures

Cotter, John

Abstract

This chapter, the final chapter in Part III, considers the role of the final stage of a preliminary reference (the deliberation and decision stage) in promoting legal certainty. The final two of Llewellyn's 'steadying factors' categorised in this book as procedural extra-legal steadying factors are applied in the context of the preliminary reference procedure: first, the requirement that a court follow up its decision with a published opinion; and second, the use of group decision. Examination of each factor commences with a brief description of Llewellyn's ideas on the relevant factor, before proceeding to consider the relevance of the factor in the context of the preliminary reference procedure, and its contribution, if any, to legal certainty in that procedure.

Citation

Cotter, J. (2022). Steadying Factors in Deliberative and Decision-making Procedures. . Edward Elgar Publishing. https://doi.org/10.4337/9781788979559.00023

• Acceptance Date: May 6, 2022
• Publication Date: May 6, 2022
• Deposit Date: Jun 2, 2023
• Pages: 243-260
• ISBN: 9781788979559; 9781788979542; 9781788979559
• DOI: https://doi.org/10.4337/9781788979559.00023