The Imperial Judiciary Meets the Impotent Congress?
作者:
TIMOTHY J. O'NEILL,
期刊:
Law&Policy
(WILEY Available online 1987)
卷期:
Volume 9,
issue 1
页码: 97-117
ISSN:0265-8240
年代: 1987
DOI:10.1111/j.1467-9930.1987.tb00399.x
出版商: Blackwell Publishing Ltd
数据来源: WILEY
摘要:
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 Preside
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