Legislative Deferrals : Statutory Ambiguity, Judicial Power, and American Democracy
Book Details
Format
Paperback / Softback
ISBN-10
0521168708
ISBN-13
9780521168700
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Sep 9th, 2010
Print length
314 Pages
Weight
490 grams
Dimensions
22.90 x 15.40 x 2.00 cms
Ksh 6,350.00
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Judges in the United States are criticized for making law when they should be following the laws made by elected officials. This book argues that much of the blame for judicial policy-making lies with elected officials who sometimes deliberately allow judges to make policy decisions.
Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence, and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. This book argues for a fundamental shift in the way scholars think about judicial policy-making. Scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. This study of legislative deference to the courts offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy.
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