A Court Quietly Rewrote the Federal Pesticide Statute
How Prevalent is Judicial Statutory Revision
Bibliographic Data
| ID | 6090551 |
|---|---|
| Authors | Angus Macintyre (0000-0003-4740-5710, Australia and New Zealand School of Government, corresponding author) |
| Year | 1985 |
| Volume | 7 |
| Issue | 2 |
| Pages | 249-279 |
| Publication date | 1985-04-01 |
| 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.1467-9930.1985.tb00353.x |
| OpenAlex | W2092346150 |
| Language | EN |
| Citations received | 2 |
| References cited | 47 |
Author's Note: My thanks to Lloyd Musolf, Paul Sabatier, Martin Shapiro, John M. Thomas and three anonymous reviewers for helpful comments on an earlier draft. I also acknowledge the generous support of the Energy and Environmental Policy Research Program at the Institute of Ecology, University of California at Davis.The resurgence in policymaking by American courts has revitalized the longstanding debate over judicial activism. Yet much of that debate addresses judicial interpretations of the Constitution, as distinct from statutory law. When interpreting vague statutes, judges can make inconspicuous but fundamental policy reforms. This paper discusses the political circumstances encouraging this form of judicial intervention. The enormous subtlety in judicial capabilities is illustrated. The paper concludes that by focusing primarily on obvious features of court activism, the contemporary debate may be seriously under representing the extent of judicial contributions to our fragmented form of governance
Constitution · Intervention (counseling · Judicial activism · Judicial Independence · Judicial review · Parliamentary sovereignty · Political science · Politics · Sociology · Sovereignty · Statute · Statutory law · Judicial and Constitutional Studies · Law · Legal and Constitutional Studies · Regulation and Compliance Studies
The courts and social policy
The Role of the Judge in Public Law Litigation
The Reformation of American Administrative Law
A Theory of Procedure
The Independent Judiciary in an Interest-Group Perspective
In Pursuit of Constitutional Welfare Rights
Supreme Court Activism and Restraint
Regulation and the Courts
Selecting Cases for Supreme Court Review
Governing through courts
The Supreme Court and its publics
Congress, the Bureaucracy, and Public Policy
Legislative Reform and Public Policy
The Political Process
Lawyers for Social Change
Promise and Performance
Science and trans-science
Congress
Law and Politics in the Supreme Court. New Approaches to Political Jurisprudence
Smoking and Politics, Policymaking and the Federal Bureaucracy
Discriminant Functions, Role Orientations and Judicial Behavior
Power and Administration
Judicial Policy
The Political Role of the Courts
Why the "Haves" Come Out Ahead
The Courts and Risk Assessment1
Standing to Sue
The Supreme Court and National Policy Making
Organizing Political Life
Judicial Self-Restraint
The Policy-Making Role of the Courts of Appeals in Northern School Desegretation
Judges' Role Orientations, Attitudes, and Decisions
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,06 |
| Citation span | 1990 - 2000 (11) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |