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 70
... judicial decision making , which suggests courts objectively apply the knowable law to the clear facts of a case in order to reach an objective decision , had obvious appeal . Nevertheless , research in the public law area was itself ...
... judicial decision making , both at the state and federal levels , is influenced by political variables ( Baum 1989 ; Wenner 1982 ; Levin 1978 ; Cook 1981 ) . Hence , the concept of the judiciary as an apolitical branch of government has ...
... Judges . The extent to which political influences affect judicial decision making may be determined to some extent by the judicial selection process . If judges are selected through partisan elections , they may be more subject to ...
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 |