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Should the High Court Consider Policy?
Author(s) -
Winterton George
Publication year - 1998
Publication title -
australian journal of public administration
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.524
H-Index - 41
eISSN - 1467-8500
pISSN - 0313-6647
DOI - 10.1111/j.1467-8500.1998.tb01367.x
Subject(s) - political science , judicial opinion , law , law and economics , judicial restraint , judicial activism , judicial review , economics
Courts may take into account policy considerations and social values far more than we often care to admit. Although some judges stress the importance of the ‘judicial method’, others have been more forthright about influences on judicial decisions. This contribution suggests that policy considerations are unavoidably involved in judicial judgments.