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Examining Judicial Decision-making: An Axiological Analytical Tool

John McClellan Marshall

Studia Iuridica Lublinensia · 2020

doi:10.17951/sil.2020.29.3.55-65 (opens in a new tab)

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Abstract

One thing that is characteristic of the judicial decision-making process regardless of the structure of the judiciary in a particular country or region is that the judge is responsible for making a decision that is both consistent with the law and is such that the people will follow it. This presents a judge with a very complex series of variables that must be considered when formulating a decision. The axiological approach to the analysis of the process and the outcome, the decision if you will, enhances both the quality of the content and the “validity” of the decision.

Abstract licence: CC BY

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