NCJ Number
151232
Date Published
1993
Length
194 pages
Annotation
This book synthesizes the arguments and findings of scholars of judicial policymaking by discussing normative questions about the proper scope of judicial authority under a constitutional governing system and practical questions about the policymaking capability of courts.
Abstract
The book's primary goal is to illuminate complex political interactions in the judicial policy process rather than to reach a definitive judgment about the value, legitimacy, or desirability of judicial policymaking. Individual chapters address judicial intervention in specific policy issues, and a chapter on the cumulative impact of civil litigation demonstrates how judicial processes affect society in ways that extend beyond traditional characterizations and debates about judges as deliberate policymakers. The introductory chapter provides an overview of courts and public policy. Subsequent chapters focus on the legitimacy and capacity of courts as policymaking forums, Federal judicial power and social change associated with school desegregation, judicial policymaking in State courts with respect to education financing, judicial power and institutional administration in the case of prison reform litigation, and interactions between the judiciary and other political actors on the abortion issue. The future of judicial policymaking and the policymaking role of courts is considered. References and footnotes