Pooh’s Think

… with comments

Excellence in Adjudicative Practice

From Doug Lind’s “Constitutional Adjudication as a Craft-Bound Excellence” (Yale Journal of Law & the Humanities 1994):

Like every other craft-bound excellence, adjudication depends for its justification upon conditions of mastery which cannot be disentangled from the internal demands of its practice. Internal investigation of the adjudicative practice reveals a set of objective conditions of neutrality which constrain freedom in judicial decision while establishing a domain for inventive genius. Strictly oriented toward fairness and justice in the resolution of legal disputes, these internal conditions require that judicial decisions be arrived at impartially, rest on reasoned explanation, and satisfy objectives of coherence and workability, while setting articulative boundaries for future application. Excellence in adjudicative practice consists in satisfying these conditions of excellence.

There were 6 footnotes attached to this one paragraph that I have omitted; these footnotes included a dozen US Supreme Court rulings.

December 4, 2006 - Posted by | Uncategorized

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