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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... extradition law is quite unclear since it is set forth in over 100 extradition treaties that the United States has entered into with other states ( Hall 1987 ; Kester 1988 ) . It is also uncertain whether extradition proceedings are ...
... extradition . Hence , there is no judicial constituency directly affected by the decisions of federal court judges in extradition cases that might , simply through its presence within judicial districts , pressure federal court judges ...
... extradition cases are relators with no links to external organizations . Many of these tend to be common criminals having , for example , embezzled funds from their countries of origin . Extradition requests in these cases were ...
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 |