LEGAL VALUES AND JUDICIAL DECISION-MAKING
AbstractHow does a judge justify a judicial decision? To what extent is it possible to distinguish between legitimate “legal” standards to be used in adjudication and illegitimate “policy” arguments, and what are the criteria available for this purpose? Paul Weiler argues that judges are not confined to the application of legal rules. It is legitimate and desirable, instead, that judges take a wider view of their role in developing the legal system. That view, however, must be tempered with some sense of, and deference to, the legal and institutional values which are associated with the judge’s distinct position within the legal process.
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