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 37
... important decision to release an individual who has been found guilty of a crime ( Newman and Anderson 1989 ) . A deferred sentence is identical , for all practical purposes , to a suspended sentence . For the sake of simplicity , both ...
... important precedent that a constitutional right of privacy exists . By the time Roe reached the Supreme Court in 1973 , a strong pro - abortion coalition had formed in the United States consisting of groups of medical professionals who ...
... important political actors and that judges are thus responding not as much to their superior arguments on the merits but to their political importance . The usual retort to this suggestion is that it may apply to elected state court ...
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 |