Judicial Legislation

30 Pages Posted: 14 Nov 2010

Date Written: November 10, 2010

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.

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

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

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: https://ssrn.com/abstract=1707825

Anthony D'Amato (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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