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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... elected . When a vacancy occurs , a Judicial Nomination Commission submits the names of three to five nominees to the governor . Trial court judges ( referred to as district court judges ) are selected from this list by the governor ...
... elected . Further , judges may retain partisan loyalties in the hope of future promotion within the ranks of the judiciary or appointment to other prominent positions . This last point seems to have some support in the context of ...
... elected politicians . It also led to the formation of new public interest groups , such as Women Abused by Abortion . One commentator suggests that the " powerful , relentless march forward by the pro - life movement has been one of the ...
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 |