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Policy-Making and State Supreme Courts

The Judiciary as an Interest Group

Published online by Cambridge University Press:  01 July 2024

Henry Robert Glick
Henry Robert Glick*
Affiliation:
Florida State University
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Extract

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The most frequent and visible sources of judicial policy are decisions in court cases in which judges create new solutions to problems and conflicts presented to them. Sometimes important policies are established in a single case or policy may develop gradually in a series of cases dealing with similar situations. This form of policy-making frequently occurs without much direct interaction between courts, legislatures, and executive agencies. Though the implementation of court policies may depend on the cooperation of other officials, the initiation and early shaping of a particular policy may be done almost exclusively by the courts.

Type
Research Article
Information
Law & Society Review , Volume 5 , Issue 2 , November 1970 , pp. 271 - 291
Copyright
Copyright © 1970 The Law and Society Association.

Footnotes

AUTHOR'S NOTE: The author wishes to thank Professors Thomas R. Dye and Herbert Jacob who made helpful comments on an earlier draft. He also acknowledges the support given the research by the Center for the Study of Federalism, Temple University.

References

CASE

STATE v. RUSH (1966) 217 A.2d 441.Google Scholar

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