The Judicial Process and Public Policy

Kevin T. McGuire

in The Oxford Handbook of Political Institutions

Published in print June 2008 | ISBN: 9780199548460
Published online September 2009 | | DOI:

Series: Oxford Handbooks of Political Science

 The Judicial Process and Public Policy

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This article considers several issues that are related to the judicial process. It aims to shed some light on the policy capacities that the courts possess, as well as the impact of their decisions. The chapter focuses on the conditions that must be met in order for the courts to make effective policy. It describes how several of the basic features of the judicial process actually undermine the realization of those conditions. The discussion draws on several different strands of research that underscore different problems that are common to judges serving as policy-makers.

Keywords: judicial process; issues; policy capacity; impact; decisions; conditions; effective policy; basic features

Article.  8707 words. 

Subjects: Politics ; Politics and Law ; Political Institutions

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