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
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... Justice Analysts within the area of criminal justice are in fundamental agreement with public law researches in one key respect : their suggestion that judges have great discretion in their decision making , particularly in sentencing ...
... justice that is natural and justice that is conventional . Conventional justice consists of written norms that are established by the members of a political society largely due to necessity . Natural justice , however , consists of ...
... justice at every turn . But as our history teaches us , the legal system often lags behind morality and justice . ( Basta September 1986 : 25 ) These statements are typical of individuals and religious organizations who participate in ...
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 |