The Constraint of Law
| Autor: | Harold J. Spaeth, Sara C. Benesh |
|---|---|
| Rok vydání: | 2007 |
| Předmět: |
Majority opinion
Sociology and Political Science Concurring opinion Common law 05 social sciences Judicial independence 0506 political science Supreme court Public law Precedent Dissenting opinion Law Political science 0502 economics and business 050602 political science & public administration 050207 economics |
| Zdroj: | American Politics Research. 35:755-768 |
| ISSN: | 1552-3373 1532-673X |
| Popis: | To study the behavior of judges, one must first consider whether judges are just like any other political actor (e.g., legislators) or whether, because of their affiliation with the judiciary, law constrains their behavior to some extent. Research aimed at considering the extent to which judges are constrained by the law is sparse, and conclusions resulting from such research are mixed. In this article, the authors explore the extent to which law constrains judges by focusing on the decision to dissent rather than concur when Supreme Court justices write separately. The authors find that, although law matters, it does not constrain. |
| Databáze: | OpenAIRE |
| Externí odkaz: |
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