The Judiciary and the Role of Law

Mathew D. McCubbins; Daniel B. Rodriguez

doi:10.1093/oxfordhb/9780199548477.003.0015

The Judiciary and the Role of Law

Mathew D. McCubbins^*, Daniel B. Rodriguez

^*Corresponding author for this work

Pritzker School of Law

Research output: Chapter in Book/Report/Conference proceeding › Chapter

7 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 language	English (US)
Title of host publication	The Oxford Handbook of Political Economy
Publisher	Oxford University Press
ISBN (Electronic)	9780191577437
ISBN (Print)	9780199548477
DOIs	https://doi.org/10.1093/oxfordhb/9780199548477.003.0015
State	Published - 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

General Social Sciences

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

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10.1093/oxfordhb/9780199548477.003.0015

Cite this

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KW - Implications

KW - Judicial independence

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KW - Legal controls

KW - Political controls

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KW - Statutory interpretation

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The Judiciary and the Role of Law

Abstract

Keywords

ASJC Scopus subject areas

UN SDGs

Access to Document

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