POLI 343 Lecture Notes - Lecture 9: Economic Stability, Golden Rule, Common Good
29 Oct 2015
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Document Summary
Judges: influence of legal realism on the study of judicial behavior, reading codified law does not give "full picture, judges as "seekers of legal policy" (single minded) Horizontal = interpretative attitude across current courts: political attitudes: ideological, backgrounds, personal history, laws: societal + political preferences o balances) Institutional constraints: strategic decision-making (u. s. - checks & Judicial decisions: leave of appeal, principles for deciding. Significant provincial or federal statute of general importance. Conflicting decisions in similar case in different courts (legal uncertainty) Revisit important questions of law: process of hearing applications. Done in panels of 3: what determines decisions to hear cases. Innovation can come through dissenting/concurring opinions: text & intent, text and texualism. Mischief rule - what problem was the rule designed to solve? o. Living tree model: personal preferences & attitudes. Judicial independence: effective conflict resolution, what happened, questions of fact, what rules govern a particular situation, upholding the rule of law, rule of law, not of men o.
