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Legislative Deferrals

Statutory Ambiguity, Judicial Power, and American Democracy

Language EnglishEnglish
Book Paperback
Book Legislative Deferrals George I. Lovell
Libristo code: 02024349
Publishers Cambridge University Press, September 2010
Why do unelected federal judges have so much power to make policy in the United States? Why were fed... Full description
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Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence, and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. Originally published in 2003, this book argues for a fundamental shift in the way scholars think about judicial policy-making. Scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. This study of legislative deference to the courts offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy.

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About the book

Full name Legislative Deferrals
Language English
Binding Book - Paperback
Date of issue 2010
Number of pages 314
EAN 9780521168700
ISBN 0521168708
Libristo code 02024349
Weight 490
Dimensions 154 x 229 x 20
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