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 5
... believe that , in spite of the apparent contradictions that exist in the analyses , there might still be an underlying thread that links cases into broad categories . Chapter 1 set forth the essential premise that judges are most often ...
... believe they need the support of their parties to get re - elected . Further , judges may retain partisan loyalties in the hope of future promotion within the ranks of the judiciary or appointment to other prominent positions . This ...
... believe to be interesting research findings that , though preliminary , shed some light on situations in which political and environmental variables are related to judicial outcomes . These findings were consolidated into a general ...
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 |