
This is the first extended analysis of the political function of the judiciary in hard cases. It studies a number of cases in specific branches of English law in light of three models of the judicial function drawn from the current literature (the consensus model, the rights model, and the interstitial legislator model) and considers some consequent implications for the judicial role in the government. Bell also provides an extended critique of R. M. Dworkin's theory of adjudication. To expand the scope of his argument, Bell makes use of Current European jurisprudential material.
This book investigates the political function of the judiciary when resolving complex legal disputes, specifically focusing on how policy arguments influence judicial decision-making. John Fred Bell, an expert in legal theory, evaluates the role of judges in hard cases by examining English law through three distinct theoretical frameworks: the consensus model, the rights model, and the interstitial legislator model. By synthesizing these models, the author provides a critical assessment of the judiciary's power and its broader implications for governmental structure.
What You Will Find
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the intersection of policy and judicial discretion. Experts highlight the text's academic density and its rigorous application of jurisprudential theory to practical legal outcomes.
Page Count:
283
Publication Date:
1983-10-20
Publisher:
Oxford University Press
ISBN-10:
0198253974
ISBN-13:
9780198253976
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