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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... consent of the publisher . Library of Congress Catalog Card Number : 91-33886 ISBN : 0-275-94166-3 First published in 1992 Praeger Publishers , One Madison Avenue , New York , NY 10010 An imprint of Greenwood Publishing Group , Inc ...
... consent ) , the courts were concerned with whether the perpetrator of the crime was a danger to society , thus justifying incarceration , or whether the defendant could be safely released . There are few standards in state statutes that ...
... consent of the owner is another facet of that privacy . ( Griswold v . Connecticut , 381 U.S. 479 , 1973 ) In this paragraph , the court cited the First , Third , Fourth , Fifth , and Ninth amendments in its search for the extra ...
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 |