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
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... common among all people according to nature and are perceived though unwritten , as each person carries within him a conception of justice ( Edwards 1981 ) . Plato further articulated the notion of natural law as immutable and derived ...
... common master and ruler of men , namely God , who is the author of this law . . . . The man who will not obey it will abandon his better self , and , in denying the true nature of a man , will thereby suffer the severest of penalties ...
... common with religious fringe organizations a number of characteristics . The first is their adherence to natural law , or moral concepts , over positive law . Second is their willingness to engage in acts ranging from legal conduct to ...
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 |