Judging in good faith

This book offers an original theory of adjudication focused on the ethics of judging in courts of law, and proposes two main theses. One is the good faith thesis, which defends the possibility of lawful judicial decisions even when judges exercise discretion. The other is the permissible discretion thesis, which defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together these two theses oppose both conservative theories that would restrict the scope of adjudication unduly, and leftist critical theories that would liberate judges from the rule of law.

著者

Burton, Steven J.

出版社

Cambridge University Press

発売日

1992年1月発売

価格

価格未定（税込・書誌情報提供：openBD）

ISBN

9780521419949

発売済み