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date: 29 February 2020

Abstract and Keywords

This article discusses the judiciary and the role of law. It talks about the implications of the approach for issues in statutory interpretation, and then examines the relationship between the legal and political controls of bureaucracy. The last section in the article focuses on the implications for judicial independence within the larger separation-of-powers system. The emerging literature on Positive Political Theory (PPT) further stresses the political nature of legal decision-making and the dynamic relationship among the legislative, judicial, and executive branches.

Keywords: judiciary, role of law, implications, statutory interpretation, legal controls, political controls, bureaucracy, judicial independence, Positive Political Theory, branches

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