Document Type

Article

Repository Date

2010

Keywords

Judicial decisions, judicial legislation, rights thesis, judicial discretion, Cardozo, Dworkin's Rights Thesis

Subject Categories

Jurisprudence | Law | Legal History | Legislation

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.

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