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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... theoretical importance of the fact that the sanctuary movement spawned the growth of new interest groups is that in doing so , it also served to increase countervailing power against the U.S. policy of barring the entry of Salvadoran ...
... Theoretical and Methodological Linkages . " Journal of Politics 37 : 917-36 . Giles , M. W. , and T. G. Walker . 1978. " Judicial Policy - Making and Southern School Segregation . " In American Court Systems , S. Goldman and A. Sarat ...
... Theoretical Overview . " Sociology and Social Research : An International Journal 66 ( 3 ) : 289–304 . Stokes , D. 1963. " Spatial Models of Party Competition . " American Political Science Review 57 : 368-77 . Tanenhaus , J. 1961 ...
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 |