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Political jurisprudence is a legal theory that some judicial decisions are best understood as part of a political process, with judges operating as political actors.That is, judges are sometimes influenced by public opinion, political activists, and government officials, and their work can be understood as a way of legitimizing and institutionalizing the preferences of these political actors.
The idea of a law of ultimate justice over and above the momentary law of the state—a higher law—was first introduced into post-Roman Europe by the Catholic canon law jurists. [3] " Higher law" can be interpreted in this context as the divine or natural law or basic legal values, established in the international law —the choice depending ...
In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily ...
Using statistical analysis of Supreme Court votes, scholars found that an inferred value representing a justice's ideological preference on a simple conservative–liberal scale is sufficient to predict a large number of that justice's votes. For example, Grofman and Brazill performed multidimensional scaling (MDS) using SYSTAT 5.0 of the ...
The rule of law on this conception is the ideal of rule by an accurate public conception of individual rights. It does not distinguish, as the rule book conception does, between the rule of law and substantive justice; on the contrary it requires, as part of the ideal of law, that the rules in the book capture and enforce moral rights.
USA TODAY Justice Correspondent Bart Jansen joins The Excerpt to dig into this complex and politically fraught topic. Hit play on the player below to hear the podcast and follow along with the ...
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
In 1988, prior to serving as a Justice of the Supreme Court, Ruth Bader Ginsburg wrote: "Generalizations about the way women or men are – my life experience bears out – cannot guide me reliably in making decisions about particular individuals. At least in the law, I have found no natural superiority or deficiency in either sex.