Open AccessReal Laws of the Constitution, The
Author(s) -
Dale Gibson
Publication year - 1990
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr1607
Subject(s) - adjudication , legislature , law , doctrine , constitution , political science , judicial opinion , order (exchange) , legal doctrine , work (physics) , outcome (game theory) , economics , engineering , finance , mechanical engineering , mathematical economics
Legal doctrine alone is rarely determinative of the outcome in constitutional adjudication. Recalling the hypotheses of the legal realist movement, the author some of the non-doctrinal factors that may be at work in judicial decision-making. The author calls for greater judicial frankness when invoking such non- doctrinal factors and for assistance from the academic community in order to help identify those factors. In the result, it is hoped that those factors which judges are ill- equipped to consider be isolated and, if need be, reposed in other, more suitable, bodies by the legislatures.