Thèses

4 septembre 2019: Monsieur Jason Mitchenson

Monsieur Jason Mitchenson soutiendra, en vue de l'obtention du grade de docteur en droit, sa thèse intitulée:

« Comity Among Authorities : A New Approach to Precedent »

Mercredi 4 septembre 2019 - 14h30
Salle R040 - UNI MAIL

La séance est publique.

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Résumé:

Often one decision-making authority may consider the prior decision of another to be precedent for a particular course of action. Determining the authority of precedent is often difficult because it largely depends on the authorities in question and the context in which they operate. The vast difference in types of authorities, combined with the diverse contexts in which they operate, tends to suggest that there is no general analytical solution to the problem. There is one general principle however that may assist authorities to make this determination – the principle of comity. Comity is a useful, yet relatively misunderstood principle that can assist authorities to determine how they ought to act with respect to the legitimate authority of others – including their prior decisions. The purpose of this thesis is to develop a general principle of comity – one that sheds new light on the nature and authority of precedent. By doing so, this thesis argues that the principle of comity may provide authorities with the guidance they need to determine the authority of precedent in any given context and offer a principle-based approach to the development of new and existing doctrines of precedent.

4 septembre 2019
  Thèses