Judicial Policymaking: The Preemptive Role of State Supreme Courts

Persistent Link:
http://hdl.handle.net/10150/195159
Title:
Judicial Policymaking: The Preemptive Role of State Supreme Courts
Author:
Wilhelm, Teena
Issue Date:
2005
Publisher:
The University of Arizona.
Rights:
Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.
Abstract:
This research examines the relationship between courts and legislatures in a comparative perspective. Specifically, I examine how 1) the ideological composition of the bench; 2) the propensity of court involvement in a given policy area; 3) the disposition of court decisions in a given policy area; and 4) judicial institutional rules shape judicial-legislative relations and subsequently influence bill introductions and policy enactments by state legislatures. By examining HMO regulation and education policy in the American states during the 1990s, I find evidence that judicial influence does impact legislative policymaking, in both introduction and enactment stage, across both policy areas. Education policy demonstrates a stronger judicial impact than HMO regulation. While traditional scholarship has depicted the judicial branch as having minimal impact on policy formation, and subsequently social change, the findings of this study suggest that we have overlooked an important policymaking role of the judicial branch. Furthermore, state policy research has not given adequate attention to judicial influence as an explanation for policy formation in the American states.
Type:
text; Electronic Dissertation
Keywords:
judicial; policymaking; separation of powers; legislative policymaking; state courts
Degree Name:
PhD
Degree Level:
doctoral
Degree Program:
Political Science; Graduate College
Degree Grantor:
University of Arizona
Committee Chair:
Langer, Laura

Full metadata record

DC FieldValue Language
dc.language.isoENen_US
dc.titleJudicial Policymaking: The Preemptive Role of State Supreme Courtsen_US
dc.creatorWilhelm, Teenaen_US
dc.contributor.authorWilhelm, Teenaen_US
dc.date.issued2005en_US
dc.publisherThe University of Arizona.en_US
dc.rightsCopyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.en_US
dc.description.abstractThis research examines the relationship between courts and legislatures in a comparative perspective. Specifically, I examine how 1) the ideological composition of the bench; 2) the propensity of court involvement in a given policy area; 3) the disposition of court decisions in a given policy area; and 4) judicial institutional rules shape judicial-legislative relations and subsequently influence bill introductions and policy enactments by state legislatures. By examining HMO regulation and education policy in the American states during the 1990s, I find evidence that judicial influence does impact legislative policymaking, in both introduction and enactment stage, across both policy areas. Education policy demonstrates a stronger judicial impact than HMO regulation. While traditional scholarship has depicted the judicial branch as having minimal impact on policy formation, and subsequently social change, the findings of this study suggest that we have overlooked an important policymaking role of the judicial branch. Furthermore, state policy research has not given adequate attention to judicial influence as an explanation for policy formation in the American states.en_US
dc.typetexten_US
dc.typeElectronic Dissertationen_US
dc.subjectjudicialen_US
dc.subjectpolicymakingen_US
dc.subjectseparation of powersen_US
dc.subjectlegislative policymakingen_US
dc.subjectstate courtsen_US
thesis.degree.namePhDen_US
thesis.degree.leveldoctoralen_US
thesis.degree.disciplinePolitical Scienceen_US
thesis.degree.disciplineGraduate Collegeen_US
thesis.degree.grantorUniversity of Arizonaen_US
dc.contributor.chairLanger, Lauraen_US
dc.contributor.committeememberNorrander, Barbaraen_US
dc.contributor.committeememberWesterland, Chaden_US
dc.identifier.proquest1228en_US
dc.identifier.oclc137354481en_US
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