POLS 3130 Chapter Notes - Chapter 3: Brandeis Brief, Purposive Approach, Ouster Clause
8 Dec 2013
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Document Summary
There are 3 models of the court: adjudicative, policy-making, problem solving. These models of court will be compared using 4 key components of the judicial process: (1) access to court, (2) the role of the judge and number of parties (in the dispute), (3) fact-finding, (4) mode of reasoning. Based on assumption that the proper role of the courts is to resolve disputes, not underlying problems and to refrain from making policy: judges adjudicate concrete legal disputes. They do not adjudicate disputes that are no longer in existence, hypothetical or involve a disagreement that is not legal in nature. Access to courts, especially to challenge government policy is difficult: the legal dispute involves 2 parties. In common law system, judge acts as passive referee who makes decisions based on submissions from the parties in an adversarial process: judge arrives at a conclusion by applying established legal principles to the facts of the case.
