Judicial Legislation

D'Amato, Anthony

Abstract

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Judicial Legislation

Anthony D'Amato

Northwestern University - School of Law

November 10, 2010

Cardozo Law Review, Vol. 1, 1979
Northwestern Public Law Research Paper No. 10-78

Abstract:
My argument will be that it is unjust in the broadest view of our legal system for judges to legislate, even if they confine their legislation to the narrowest limits in the closest of cases. To the extent that my argument is successful in diminishing the judicial legislation position, it would tend to serve to corroborate Dworkin’s rights thesis.

Number of Pages in PDF File: 30

Keywords: Judicial Decisions, Judicial Legislation, Rights Thesis, Judicial Discretion, Cardozo, Dworkin’s Rights Thesis

JEL Classification: K10, K19, K30, K40, K49

Accepted Paper Series

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Date posted: November 14, 2010

Suggested Citation

D'Amato, Anthony, Judicial Legislation (November 10, 2010). Cardozo Law Review, Vol. 1, 1979; Northwestern Public Law Research Paper No. 10-78. Available at SSRN: http://ssrn.com/abstract=1707825

Contact Information

Anthony D'Amato (Contact Author)

Northwestern University - School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States