Politics and the courts : toward a general theory of public law
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.
xv, 145 pages ; 25 cm
9780275941666, 0275941663
24373460
Preface Introduction Political versus Contextual Variables--or Do Law and Facts Count? Why Judges Are Not Constrained by Laws and Facts When Do Political Factors Affect Judicial Decision Making? Contextual Variables: Region Judicial versus Administrative Decision Making Comparing Judicial and Administrative Decision Making A Synthesis and a General Model New Approaches: Combining Public Law with Pluralism and Theories about Social Movements Social Movements and Public Interest Litigation Groups Bibliography Index
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