Northwestern University - School of Law
November 10, 2010
Cardozo Law Review, Vol. 1, 1979
Northwestern Public Law Research Paper No. 10-78
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, K49Accepted Paper Series
Date posted: November 14, 2010
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