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 16
... linked to the geographic region of courts ( Richardson and Vines 1978 ; Wenner 1982 ; Wenner and Dutter 1988 ; Carp and Rowland 1983 ; Cook 1981 ) . This variable is included as a contextual variable . Facts Federal court outcomes in ...
... linked to the IRA substantially increases the likelihood that the relator will prevail in extradition proceedings in the U.S. federal courts . The other political variables are not significantly linked to outcome . The variable of ...
... linked to political factors . Judges do not operate in a vacuum and may be influenced by their environment , including their political environment . Hence , judicial outcomes have been linked to such political factors as the involvement ...
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 |