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. |
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... religious organizations who participate in the sanctuary movement . There is a willingness to violate the positive law when this is necessary to meet the demands of natural law . The religious organizations that became involved in the ...
Toward a General Theory of Public Law Barbara M. Yarnold. Religious organizations involved in the sanctuary movement are policy- oriented and unlike entrenched organizations , have not directed much attention to organizational ...
... organizational support , but due to a loss of interest on the part of religious leaders . Secular fringe organizations . Secular fringe organizations share in common with religious fringe organizations a number of characteristics . The ...
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 |