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Table of Contents
1. Introduction Part One: First Legitimacy Question: Are Judicial Avoidance Practices Legitimate? 2. Judicial Avoidance: A Matter of Competence 3. Judicial Avoidance and the Rule of Law Part Two: Second Legitimacy Question: The Methodology for Legitimate Judicial Avoidance 4. Competence as Rules and Principles 5. Judicial Avoidance and the Balancing Method 6. Balancing Specificities in Judicial Avoidance Part Three: Instances of Avoidance and Legitimate Practice 7. Admissibility Control: Establishing the Courts' Competence 8. Merits Avoidance: The Degree of the Courts' Scrutiny