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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... decision makers ( Glick 1983 ) . The law school model of decision making posits that judges reach decisions in a mechanistic manner , applying the law to the facts of a case in order to reach a decision . Judges serve merely to apply ...
... decision makers will abandon their partisan loyalties after they have acquired the black robes of judicial office . Further , federal court judges may retain partisan loyalties due to the prospect of future promotion within the ranks of ...
... decision making , which posits that judges impassively apply the law of a case to the facts in order to reach a ... makers , judges wield a great deal of discretion in their decision making and are properly viewed as policy makers . This ...
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 |