The Real Laws of the Constitution


  • Dale Gibson



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.