How do the justices of a nation’s highest court arrive at their decisions? In the context of the US Supreme Court, the answer to this question is well established: justices seek to enshrine policy preferences in their decisions, but they do so in a manner consistent with ‘the law’ and in recognition that they are members of an institution with defined expectations and constraints. In other words, a justice’s behaviour is a function of motives, means, and opportunities. Using Norway as a case study, this book shows that these forces are not peculiar to the decisional behaviour of American justices. Employing a modified attitudinal model, Grendstad, Shaffer and Waltenburg establish that the preferences of Norway’s justices are related to their decisions. Consequently, the authors show how an understanding of judicial behaviour developed and most fully tested in the American judicial system is transportable to the courts of other countries.

Investigates the role of federal judges in prison reform, and policy making in general.

An excellent introduction to judicial politics as a method of analysis, the eighth edition of Judicial Process and Judicial Policymaking focuses on policy in the judicial process. Rather than limiting the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: (1) Courts in the United States have always played an important role in governing and their role has increased in recent decades; (2) Judicial policymaking is a distinctive activity; (3) Courts make policy in a variety of ways; and (4) Courts may be the objects of public policy, as well as creators. New to the Eighth Edition Discusses appointments by Presidents Donald Trump and Joseph Biden to the federal courts, including the confirmations of Gorsuch, Kavanaugh, Coney Barrett, and Jackson to the Supreme Court Introduces the controversy of the Supreme Court’s “shadow docket” Analyzes the legal and political aftermath of the Dobbs v. Jackson Women’s Health Organization overruling Roe v. Wade Examines other key state and federal rulings on non-unanimous verdicts in criminal cases, gerrymandering, climate change, and separation between church and state

While people profess a disdain for politics, in a democracy politics is the primary vehicle for citizens to influence the decisions and decision makers that shape public policy at every level. This widely acclaimed work provides an overview of public policymaking in all its aspects along with basic information, tools, and examples that will equip citizens to participate more effectively in the policymaking process. It is intended for use in internships and service-learning programs, but will serve equally as a resource for any organized effort to involve citizens in community service and the exercise of civic responsibility. This updated edition includes an all-new case study on the issue of immigration, and all other case studies have been revised.

This volume proposes a new way of understanding the policymaking process in the United States by examining the complex interactions among the three branches of government, executive, legislative, and judicial. Collectively across the chapters a central theme emerges, that the U.S. Constitution has created a policymaking process characterized by ongoing interaction among competing institutions with overlapping responsibilities and different constituencies, one in which no branch plays a single static part. At different times and under various conditions, all governing institutions have a distinct role in making policy, as well as in enforcing and legitimizing it. This concept overthrows the classic theories of the separation of powers and of policymaking and implementation (specifically the principal-agent theory, in which Congress and the presidency are the principals who create laws, and the bureaucracy and the courts are the agents who implement the laws, if they are constitutional). The book opens by introducing the concept of adversarial legalism, which proposes that the American mindset of frequent legal challenges to legislation by political opponents and special interests creates a policymaking process different from and more complicated than other parliamentary democracies. The chapters then examine in depth the dynamics among the branches, primarily at the national level but also considering state and local policymaking. Originally conceived of as a textbook, because no book exists that looks at the interplay of all three branches, it should also have significant impact on scholarship about national lawmaking, national politics, and constitutional law. Intro., conclusion, and Dodd's review all give good summaries.

This book explains how presidents achieve market-oriented reforms in a contentious political environment. Using an impressive amount of quantitative and qualitative empirical evidence, most of which is reported for the first time, Mejía Acosta argues that presidents in Ecuador adopted significant reforms by crafting informal yet functional coalitions with opposition parties in congress. This pattern of success is particularly relevant in a country known for its chronic political fragmentation and deep regional and ethnic divisions. Paradoxically, the adoption of constitutional reforms to promote governance undermined the success of informal coalitions and directly contributed to greater regime instability after 1996. Mejía Acosta's work offers a compelling analysis of how formal and informal political institutions contribute to policy change. His far-reaching conclusions will capture the attention of political scientists and scholars of Latin America.

This work examines the reasons for and the practice of ethnic migration and the challenges it produces.

Constitutional courts have emerged as central institutions in many advanced democracies. This book investigates the sources and the limits of judicial authority, focusing on the central role of public support for judicial independence. The empirical sections of the book illustrate the theoretical argument in an in-depth study of the German Federal Constitutional Court, including statistical analysis of judicial decisions, case studies, and interviews with judges and legislators. The book's major finding is that the interests of governing majorities, prevailing public opinion, and the transparency of the political environment exert a powerful influence on judicial decisions. Judges are influenced not only by jurisprudential considerations and their policy preferences, but also by strategic concerns. By highlighting this dimension of constitutional review, the book challenges the contention that high court justices are largely unconstrained actors as well as the notion that constitutional courts lack democratic legitimacy.

Originally published by Winthrop Publishers, Inc. in 1974, this volume concentrates upon the role of major political institutions in policy-making: interest groups, political parties, the presidency, Congress, courts, and the bureaucracy, covering both the formal and the informal context within which these institutions operate

Robert Crowcroft has assembled a world-class, international cast of outstanding scholars and international figures to produce a stimulating collection of essays on applied history and policy making. With contributors such as Philip Bobbitt, Margaret MacMillan, and Jeremy Black, this collection of essays addresses some of the most important geopolitical challenges confronting the world today. From reconstructing collapsed political regimes to security competition in the China Seas and the evolution of Salafi-Jihadi ideology, it explores a range of statecraft, policy, and strategy. The essays span a number of policy areas and historical problems, tackling important questions about what historians do (and should do), and considering the nature and limits of historical judgement. With some examining how applied history can be used to rethink contemporary challenges, others explore how it has been used and abused in the past. Making a splash in intellectual debate by making a definitive case for Applied History, this book demonstrates that a knowledge of the past, and the insight it provides, is imperative to effective statecraft.