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NCJ Number: 50093 Find in a Library
Title: POLITICS OF THE JUDICIARY
Author(s): J A G GRIFFITH
Corporate Author: Marcel Dekker, Inc
Managing Editor
United States of America
Date Published: 1978
Page Count: 224
Sponsoring Agency: Humanities Press, Inc.
Atlantic Highlands, NJ 07716
Marcel Dekker, Inc
New York, NY 10016
Sale Source: Humanities Press, Inc.
17 First Avenue
Atlantic Highlands, NJ 07716
United States of America
Language: English
Country: United Kingdom
Annotation: THE POLITICAL ROLE OF THE JUDICIARY IN DECISIONMAKING IN ENGLAND IS EXAMINED. THE JUDICIARY ITSELF, CASES IN WHICH JUDICIAL DECISIONS HAD POLITICAL IMPLICATIONS, AND THE INEVITABILITY OF POLITICAL INVOLVEMENT ARE STUDIED.
Abstract: THE COMMON LAW IN ENGLAND IS MADE AS JUDGES DECIDE CASES AND STATE THE PRINCIPLES ON WHICH THEY BASE THEIR DECISIONS. THIS TEXT EXAMINES THE POLITICAL APPOINTMENT OF JUDGES AND PROVIDES DATA TO SHOW THAT BETWEEN 1820 AND 1968 JUDGES HAVE BEEN APPOINTED ALMOST EXCLUSIVELY FROM ONE SOCIAL CLASS. THE ASSIGNMENT OF JUDGES TO COMMISSIONS, COMMITTEES, ADMINISTRATIVE TRIBUNALS AND OTHER AREAS OF POLITICAL EXTRAJUDICIAL ACTIVITY IS CONSIDERED. CASES INVOLVING INDUSTRIAL PERSONAL, AND PROPERTY RIGHTS, CONSPIRACY, AND TRADE AND STUDENT UNIONS IN WHICH JUDICIAL DECISIONS HAD POLITICAL IMPLICATIONS ARE EXAMINED. THE FINAL SECTION REVIEWS THE CREATIVE FUNCTION OF THE JUDICIARY IN INTERPRETING THE LAW AND ITS TRADITIONAL POLITICAL ROLE. JUDGES IN ENGLAND HAVE DEFINED THE PUBLIC INTEREST FROM THE VIEWPOINT OF THEIR OWN CLASS, WHICH IS ALSO THE CLASS OF THE GOVERNING GROUP. IT IS SUGGESTED THAT THE FUNCTION OF THE JUDICIARY IS TO SUPPORT THE INSTITUTIONS OF THE GOVERNMENT AS ESTABLISHED BY LAW, AND SO JUDGES CAN RELY ON THE LEGITIMACY OF THEIR DECISIONS. (DAG)
Index Term(s): England; Judge selection; Judicial decisions; Political influences
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50093

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