The Imperial Judiciary Meets the Impotent Congress
Bibliographic Data
| ID | 6090433 |
|---|---|
| Authors | Timothy J O''Neill, Timothy J O’neill (0000-0003-2108-8008, corresponding author), Timothy J O'Neill |
| Year | 1987 |
| Volume | 9 |
| Issue | 1 |
| Pages | 97-117 |
| Publication date | 1987-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Policy (JOURNAL) |
| Journal identifiers | ISSN: 0265-8240 • E-ISSN: 1467-9930 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1467-9930.1987.tb00399.x |
| OpenAlex | W2143069246 |
| Language | EN |
| Citations received | 1 |
| References cited | 11 |
The continuing debate over an activist judiciary frequently overlooks the issue whether majoritarian institutions such as Congress can be the principal policy makers for a democracy as well as whether they ought to be. An explicit comparison of the institutional capacities of the Congress and federal courts on abortion funding suggests that Congress is capable of developing representative, responsible, and educative policies. However, a retreat by the “Imperial Judiciary” from an activist posture would not necessarily transfer power from the courts to the Congress but from the courts to unelected bureaucracies within the Congress and the Presidency
Bureaucracy · Democracy · Law and economics · Legislature · Political science · Politics · Power (physics · Presidency · Principal (computer security · Separation of powers · Sociology · American Constitutional Law and Politics · Electoral Systems and Political Participation · Judicial and Constitutional Studies · Law · Public Administration
Abortion
The Role of the Supreme Court in American Government
Amicus Curiae Participation in U.S. Supreme Court Litigation
The Search for Information
Role Perceptions and Behavior in Three U.S. Courts of Appeals
Public Opinion and Federal Judicial Policy
Constituency Influence in Congress
Political Orientations, Social Backgrounds, and Role Perceptions of State Supreme Court Judges
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,03 |
| Citation span | 1990 - 1990 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |