Abstract
Policy implementation is most readily associated with executive agencies and how legislatures seek to control bureaucratic action. Yet, less attention is given to the judiciary. Accordingly, we examine the various ways courts engage with policy implementation. In the U.S.A., the judiciary has long been regarded as the “weakest” branch of government because it depends on the others for enforcement. We begin by considering how factors such as legal precedent, ideology, and separation of powers influence judicial decision-making on cases that implicate policy implementation. Second, we evaluate the extent to which judicial rulings are implemented into policy. Third, we explore how agencies adjust their actions in the shadow of judicial review. Finally, we evaluate the efficacy of judicial policymaking and whether it enhances or undermines democratic systems. While we primarily spotlight the U.S. federal judiciary, we briefly discuss implications for judicial systems across the American states and cross-nationally.
Original language | English (US) |
---|---|
Title of host publication | Handbook of Public Policy Implementation |
Publisher | Edward Elgar Publishing Ltd. |
Pages | 286-299 |
Number of pages | 14 |
ISBN (Electronic) | 9781800885905 |
ISBN (Print) | 9781800885899 |
DOIs | |
State | Published - Jan 1 2024 |
Bibliographical note
Publisher Copyright:© Fritz Sager, Céline Mavrot and Lael R. Keiser 2024.
Keywords
- Constitutional decision-making
- Judicial decision-making
- Judicial policymaking
- Presidential and executive politics
- Separation of powers
- U.S. Supreme Court