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
... Conclusion Ethnic politics in the United States seems to have had an effect on the decision making of the presumably apolitical federal courts in extradition cases . Irish fugitives who were members of the IRA and have the support of a ...
... conclusion with previous findings that region was related to outcome , for example , in environmental cases ( Wenner 1982 ; Wenner and Dutter 1988 ) , and race relations cases ( Richardson and Vines 1978 ) , I suggested that regional ...
... conclusion of this contributor to Basta is : The fundamental lesson , as always , is that only organized movements cause change . The legal system is another branch of the political system that we must use toward the end of justice at ...
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 |