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 36
... abortion judicial decisions are linked to the involvement of pro - abortion groups and the location of district courts in the West . Judicial outcomes , however , were not significantly related to other political variables : the ...
... abortion issue did lead to deep partisan division in the United States . In 1976 , the two major parties adopted opposing positions on abortion , with Democrats on the pro - abortion side and Republicans supporting an anti - abortion ...
... abortion groups . Cockburn ( 1989 : 19 ) describes the new , revitalized pro - abortion movement and its membership : The women's movement now vows to create a storm across the country in defence of abortion rights . Pro - choice people ...
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 |