Article

The Judiciary and the Role of Law

Mathew D. McCubbins and Daniel B. Rodriguez

in The Oxford Handbook of Political Economy

Published in print June 2008 | ISBN: 9780199548477
Published online September 2009 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199548477.003.0015

Series: Oxford Handbooks of Political Science

The Judiciary and the Role of Law

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This article discusses the judiciary and the role of law. It talks about the implications of the approach for issues in statutory interpretation, and then examines the relationship between the legal and political controls of bureaucracy. The last section in the article focuses on the implications for judicial independence within the larger separation-of-powers system. The emerging literature on Positive Political Theory (PPT) further stresses the political nature of legal decision-making and the dynamic relationship among the legislative, judicial, and executive branches.

Keywords: judiciary; role of law; implications; statutory interpretation; legal controls; political controls; bureaucracy; judicial independence; Positive Political Theory; branches

Article.  6290 words. 

Subjects: Politics ; Politics and Law ; Political Institutions

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