The Real Laws of the Constitution
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.
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