in The Judicial Power of the Purse

Published by University of Chicago Press

Published in print May 2011 | ISBN: 9780226771120
Published online March 2013 | e-ISBN: 9780226771151 | DOI:

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This chapter describes how the information theory fits with and builds on various extant literatures and explores the normative issues that inevitably emerge in positive studies of judging. It then briefly reviews the normative implications of the judicial inclination to use the implicit judicial power of the purse in times of crisis to advance judges' and the nation's goals. The information theory argued that judges will support and oppose defense policy in a manner that maximizes their utility, and judges will reach conclusions that challenge the president's foreign policy choices in certain circumstances. It also agreed with the legal theory in the sense that both predict judges will look to the informational cues that emerge from the elected branches of government. The justices routinely explored beyond individual litigants and endeavor to account for the future consequences of their decisions.

Keywords: information theory; judging; judicial power; judges; defense policy; foreign policy; legal theory

Chapter.  8092 words. 

Subjects: Constitutional and Administrative Law

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