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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... human activity and protect fundamental individual rights . The legal system is designed to encourage appropriate human activity within certain amorphous confines and is administered by humans : Judges , lawyers , and court personnel all ...
... Human Life Statute or amendment to the U.S. Constitution ( Segers 1982 ) . The efforts of the anti - abortion movement also met with an important judicial victory in the 1989 case of Webster v . Reproductive Health Services , which ...
... human being and , therefore , all believers especially have the right and the obligation to defend the lives of the poor . ( Basta June 1987 : 19-20 ) By December 1987 , Basta reported , there were 448 sanctuary locations in the United ...
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 |