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
Resultados 1-3 de 58
... JUDGES RESPOND TO POLITICS ? It was earlier argued that " the link to the political environment is even greater for federal court judges than for most citizens " ( Yarnold 1990a ) . One reason for this statement is that federal court judges ...
Toward a General Theory of Public Law Barbara M. Yarnold. federal judiciary . Some judges are more prone to political influences than others . Caldeira ( 1981 ) , for example , suggests that judges respond to different incentives ...
... Federal court outcomes in extradition cases appear to be related to political factors . This finding supports earlier analyses , which discovered that federal court judges are not unduly constrained by the law and facts of a case , but ...
Contenido
When Do Political Factors Affect Judicial | 7 |
Region | 53 |
Part II | 68 |
Derechos de autor | |
Otras 3 secciones no mostradas
Otras ediciones - Ver todas
Politics and the Courts: Toward a General Theory of Public Law Barbara M. Yarnold Sin vista previa disponible - 1992 |