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 34
... Related Appeals 1980-87 : A Highly " Politicized " Process In spite of attempts to shield the federal judiciary from ... significantly related to judicial decision making in a highly ideological case , such as one involving race ...
... Significant at 0.005 Discussion * Significant at 0.05 In sharp contrast to the view of the federal courts as apolitical , federal court outcomes in asylum - related appeals during the period of 1980-87 were significantly related to ...
... linked to the IRA prevailed in 67 percent of the cases ( n = 3 ) , while relators linked to the PLO had a 0 percent success rate ( n = 2 ) . The partisan affiliation of judges is not significantly related to outcome . Relators were less ...
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 |