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 38
... social movements in the United States may be explained as a collective decision by persons and organizations to follow natural law over positive law when the two conflict . Social movements have been defined as follows : [ A ] social ...
... social movements fade from public consciousness , donations to movement organizations decrease , and as a result , the social movement wanes ( McFarland 1983 ) . One feature of the sanctuary movement that distinguishes it from other social ...
... social movements are often justified on the basis that the legal system is largely unresponsive to the ideas of the social movement or the individuals represented by the social movement . An implication is that legal interest groups ...
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 |