NCJ Number
140388
Editor(s)
R A Katzmann
Date Published
1988
Length
212 pages
Annotation
These nine papers and an introduction examine the relationship between the Federal judiciary and Congress, the consequences of the lack of understanding between these two branches of government, and possible ways to improve their relations.
Abstract
The papers are the product of a 1986 colloquium held at the Brookings Institution that brought together scholars from many fields, judges, members of Congress, and others. The colloquium explored the constitutional and other reasons for the absence of communication between the branches, the current institutional arrangements through which each branch presents its views and assesses the problems of the other, and the practical steps that might improve judicial- legislative relations. The analyses note that the legislature's inattention to the institutional well-being of the judiciary has made it increasingly difficult to attract and retain able judges. The gap has also made it harder for the courts to determine legislative meaning when they interpret statutes. Individual papers present historical perspectives, describe judicial-legislative relations in England, discuss the central processes and issues for each branch in the United States, and suggest methods of improving judicial-legislative relationships. The final paper explains how some of the longstanding problems can be mitigated by developing ground rules for communications between judges and legislators, determining ways for Congress to signal its legislative intent more effectively, and developing institutional recommendations to improve relations between the branches. Notes, author biographies, and index