Politics and the Courts: Toward a General Theory of Public LawBloomsbury Academic, 1992 M02 28 - 168 páginas In the public law area, there is an understanding that judicial decision making is not always objective, that the courts are not constrained by the law and the facts of the case, and that courts are actually policy makers influenced by extraneous factors that have little to do the legal and factual matters of a case. Through a combination of an integrative review of the relevant literature in the public law area and new case studies researched by the author, Barbara Yarnold argues that the public law area has discarded the traditional view of the judiciary as a passive interpreter of the law who truly weigh the facts of each case. She examines political and environmental variables that have been used to explain judicial outcomes and develops an original general theory of public law explaining under what circumstances political variables impact court decisions, and when region, as an environmental variable, is related to judicial outcomes. |
Dentro del libro
Resultados 1-3 de 4
... peace without the consent of the owner is another facet of that privacy . ( Griswold v . Connecticut , 381 U.S. 479 , 1973 ) In this paragraph , the court cited the First , Third , Fourth , Fifth , and Ninth amendments in its search for ...
... peace movement , the fundamentalist Christian movement , the tax revolt movement of 1977-80 , and the gay rights movement . Since McFarland wrote , one new movement , the sanctuary movement , may be added to the list . These movements ...
... peace movement , 111 , 117 penumbras , in Bill of Rights , 55 persecution : clear probability of , 14 ; defi- nition of , 5 ; fear of , 13 Planned Parenthood , 62 Plaster v . United States , 37 Plato , 109 Pledge of Resistance ( POR ) ...
Contenido
When Do Political Factors Affect Judicial | 7 |
Region | 53 |
Part II | 68 |
Derechos de autor | |
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Politics and the Courts: Toward a General Theory of Public Law Barbara M. Yarnold Sin vista previa disponible - 1992 |