Judicial decisions, judicial legislation, rights thesis, judicial discretion, Cardozo, Dworkin's Rights Thesis
Jurisprudence | Law | Legal History | Legislation
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.
D'Amato, Anthony, "Judicial Legislation" (2010). Faculty Working Papers. Paper 107.