The Judicial Function by Joe McIntyre

Author:Joe McIntyre
Language: eng
Format: epub
ISBN: 9789813291157
Publisher: Springer Singapore

2.Factual Assessment: Secondly, the judge must engage in a process of factual assessment to ensure the resolution is grounded in the concrete demands of the immediate dispute. The judge constructs a ‘universe of the dispute’ by drawing inferences from present circumstances. While the judge cannot theoretically or practically ascertain the ‘objective truth’ of what happened, the judicial function demands only that the judge achieves a sufficient degree of accuracy. This construction of a ‘factual matrix’ requires significant judicial choice, and blends back into normative development, breaking down any strict distinction between these phases.

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