Policy implementation and the judiciary

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.