- The Oxford Handbooks of political science
- About the Contributors
- Elaborating the “New Institutionalism”
- Rational Choice Institutionalism
- Historical Institutionalism
- Constructivist Institutionalism
- Network Institutionalism
- Old Institutionalisms
- The State and State-Building
- Development of Civil Society
- Economic Institutions
- Exclusion, Inclusion, and Political Institutions
- Analyzing Constitutions
- Comparative Constitutions
- American Federalism and Intergovernmental Relations
- Comparative Federalism
- Territorial Institutions
- Executives—The American Presidency
- Executives In Parliamentary Government
- Comparative Executive–Legislative Relations
- Public Bureaucracies
- The Welfare State
- The Regulatory State?
- Legislative Organization
- Comparative Legislative Behavior
- Comparative Local Governance
- Judicial Institutions
- The Judicial Process and Public Policy
- Political Parties In and Out of Legislatures
- Electoral Systems
- Direct Democracy
- International Political Institutions
- International Security Institutions: Rules, Tools, Schools, or Fools?
- International Economic Institutions
- International NGOs
- Encounters With Modernity
- About Institutions, Mainly, but not Exclusively, Political
- Thinking Institutionally
- Political Institutions—Old and New
- Name Index
- Subject Index
Abstract and Keywords
This article considers several issues that are related to the judicial process. It aims to shed some light on the policy capacities that the courts possess, as well as the impact of their decisions. The chapter focuses on the conditions that must be met in order for the courts to make effective policy. It describes how several of the basic features of the judicial process actually undermine the realization of those conditions. The discussion draws on several different strands of research that underscore different problems that are common to judges serving as policy-makers.
Kevin T. McGuire is Associate Professor in the Department of Political Science, University of North Carolina.
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