The Judiciary and the Role of Law

Mathew D. McCubbins*, Daniel B. Rodriguez

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapter

4 Scopus citations

Abstract

This article discusses the judiciary and the role of law. It talks about the implications of the approach for issues in statutory interpretation, and then examines the relationship between the legal and political controls of bureaucracy. The last section in the article focuses on the implications for judicial independence within the larger separation-of-powers system. The emerging literature on Positive Political Theory (PPT) further stresses the political nature of legal decision-making and the dynamic relationship among the legislative, judicial, and executive branches.

Original languageEnglish (US)
Title of host publicationThe Oxford Handbook of Political Economy
PublisherOxford University Press
ISBN (Electronic)9780191577437
ISBN (Print)9780199548477
DOIs
StatePublished - Jun 19 2008

Keywords

  • Branches
  • Bureaucracy
  • Implications
  • Judicial independence
  • Judiciary
  • Legal controls
  • Political controls
  • Positive political theory
  • Role of law
  • Statutory interpretation

ASJC Scopus subject areas

  • Social Sciences(all)

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