Is the American judiciary still the least dangerous branch, as Alexander Hamilton and legal scholar Alexander Bickel characterized it? Unlike legislatures or administrative agencies, courts do not make policy so much as direct and redirect policy as it is implemented. The judicial contribution to policymaking involves the infusion of constitutional rights into the realm of public policy, and as the government has grown, the courts have become more powerful from doing more and more of this. Powers and Rothman explore the impact of the federal courts, providing a brief account of the development of constitutional law and an overview of the judiciary's impact in six controversial areas of public policy.
Busing
Affirmative action
Prison reform
Mental health reform
Procedural reforms in law enforcement
Electoral redistricting
In each of these areas, the authors review significant cases that bear on the particular policy, exploring the social science evidence to assess the impact of the courts on policies--and the consequences of that intervention. Powers and Rothman conclude that judicial intervention in public policy has often brought about undesirable consequences, sometimes even for the intended beneficiaries of government intervention.
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Is the American judiciary still the least dangerous branch, as Alexander Hamilton and legal scholar Alexander Bickel characterized it? Unlike legislatures or administrative agencies, courts do not make policy so much as direct and redirect policy as it is implemented. The judicial contribution to policymaking involves the infusion of constitutional rights into the realm of public policy, and as the government has grown, the courts have become more powerful from doing more and more of this. Powers and Rothman explore the impact of the federal courts, providing a brief account of the development of constitutional law and an overview of the judiciary's impact in six controversial areas of public policy.
Busing
Affirmative action
Prison reform
Mental health reform
Procedural reforms in law enforcement
Electoral redistricting
In each of these areas, the authors review significant cases that bear on the particular policy, exploring the social science evidence to assess the impact of the courts on policies--and the consequences of that intervention. Powers and Rothman conclude that judicial intervention in public policy has often brought about undesirable consequences, sometimes even for the intended beneficiaries of government intervention.
Imprint | Praeger Publishers Inc |
Country of origin | United States |
Release date | November 2002 |
Availability | Expected to ship within 10 - 15 working days |
First published | November 2002 |
Authors | Stephen P. Powers, Stanley Rothman |
Dimensions | 234 x 156 x 12mm (L x W x T) |
Format | Paperback |
Pages | 232 |
ISBN-13 | 978-0-275-97537-1 |
Barcode | 9780275975371 |
Categories | |
LSN | 0-275-97537-1 |