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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... derived from antiquated U.S. Supreme Court decisions . Adding to the complexity in international extradition proceedings is that the law that applies is set forth in over 100 bilateral extradition treaties that the United States has ...
... derived from decades of involvement in privacy- and abortion - related litigation . The defendants in the Griswold case admitted violating the state law in question . To avoid prosecution , the defendants claimed the state law violated ...
... derived from reason or from divine revelation were finally reconciled by St. Thomas Aquinas , who postulated that our knowledge of natural law is derived from two sources : ( 1 ) from nature , in which we are capable of rational ...
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 |