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
... official reporters represent a small portion of actual decisions by the federal courts in asylum - related appeals . Further , the decisions that are published are not always selected for their importance in setting legal precedents but ...
... officials may include the board chairman , an appointed administrator , a clerk to the governing board , the chief financial officer , the personnel director , and the chief law enforcement official . Not all counties had all of these ...
... official estimates tended to underestimate Irish immigration to the United States . From 1820 ( the date that official statistics on numbers and nationality of immigrants began to be kept ) to 1872 , four million Irish immigrants had ...
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 |