The consideration of documentary evidence by the judge therefore tends to be restricted, since the document itself furnishes conclusive proof if evidence by reference to facts outside the document is inadmissible.
The history of the journal is traced, from its inception in 1979, on a range of key topics, mainly by reference to facts, figures and graphs on the proportion of articles each year, and by listings of the titles of some typical articles.
Much contemporary political science literature on law and the courts takes its inspiration from realism by seeking to explain decisions not by reference to legal reasons (which are assumed to be indeterminate) but by reference to facts about the politics, background, and ideology of judges.
But, throughout history, even highly speculative theories have eventually been tested by reference to empirical facts.
So, we might say, a law is source-based if its existence and content can be identified by reference to social facts alone, without resort to any evaluative argument (other than whatever evaluative argument may be needed to determine what the social facts are).
In Campaign for Nuclear Disarmament, the court similarly distinguished a pronouncement on the interpretation of a treaty generally, which is impermissible, from the consideration of "the application of an international treaty by reference to the facts of an individual case" which is allowed.
This is a heinously unacceptable way for the media to behave, and it seems that just by reference to the fact that they are Muslim and terrorist suspects, many people seem reluctant to question the legitimacy of the accusations and fail to search for and demand the proofs we usually expect.
Tehan repeatedly defended the $4.6bn package by reference to the fact both the Gonski and Chaney reviews called for a more accurate measure of schools funding using parents' income, but was not pressed on the second-largest component – a $1.2bn "choice and affordability fund" derided by opponents as a "slush fund" for non-government schools.
Nietzsche holds that moral (i.e., MPS) values are not conducive to the flourishing of human excellence, and it is by reference to this fact that he proposed to assess their value.
If a course of reflection or discourse makes it appropriate to acknowledge the rule's "settled" or "posited" character as cognizable by reference to social-fact sources, one can say that it is legally valid though too unjust to be obeyed or applied.
Private insurers justify the price differential by reference to the fact that, all other things being equal, women need more medical care than men, notably due to our ability to bear children and recommended routine health visits related to our reproductive organs.
