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. |
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... Chapter 1 suggests , first , that judges are relatively unconstrained by the law and facts of cases and that the excess discretion that results is often used for judicial policy making . Chapter 2 focuses on the issue of political ...
... chapters , I repeatedly observed that courts were relatively unconstrained in their decision making by the law because the standards they were called on to interpret were vague . In Chapter 2 , Case Study 1 ( on federal court outcomes ...
... ( Chapter 2 , Case Study 1 ) , rape sentencing decisions ( Chapter 2 , Case Study 2 ) , international extradition proceedings ( Chapter 2 , Case Study 3 ) , and abortion cases ( Chapter 3 , Case Study 4 ) . 2 When Do Political Factors ...
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 |