Making Policy, Making Law: An Interbranch PerspectiveMark C. Miller, Jeb Barnes Georgetown University Press, 2004. gada 23. aug. - 256 lappuses The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality. |
No grāmatas satura
1.–5. rezultāts no 53.
... executive and judicial — would act ac- cording to their own structures , workways , purposes , and interests . Yet , each branch would not be able to achieve its ends without the others . The Constitution , in Richard Neustadt's ( 1960 ...
... executive branch is given the primary power to implement laws , subject to congres- sional oversight and judicial review ; and the courts have the primary power to interpret laws , subject to a variety of leg- islative and executive ...
... executive , and judicial functions . As a result , although often a useful starting point , studying the individual components of the American policymaking process often provides a superficial and sometimes misleading — view of the ...
... executive and legislature negotiate basic policy decisions , which are memorialized in legislation . Specialized regulatory agen- cies implement the law according to specific administrative rules . Courts then adju- dicate disputes that ...
... ( executive officers ) , and ( 4 ) president as litigant , whose actions are reviewed and sometimes rebuffed by the courts . The common thread is that a few strong presidents have taken the largely undefined role of the chief executive ...
Saturs
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35 | |
The View of the Courts from the Hill A Neoinstitutional Perspective | 53 |
The View from the President | 72 |
Courts and Agencies | 89 |
The Supreme Court and Congress Reconsidering the Relationship | 107 |
The Judicial Implementation of Statutes Three Stories about Courts and the Americans with Disabilities Act | 123 |
Judicial Finality or an Ongoing Colloquy? | 153 |
Constitutional Interpretation from a Strategic Perspective | 170 |
Is Judicial Policymaking Countermajoritarian? | 189 |
Governance as Dialogue | 202 |
REFERENCES AND BIBLIOGRAPHY | 209 |
COURT CASES | 231 |
INDEX | 236 |
The City of Boerne Two Tales of One City | 140 |
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Making Policy, Making Law: An Interbranch Perspective Mark Carlton Miller,Jeb Barnes Ierobežota priekšskatīšana - 2004 |
Making Policy, Making Law: An Interbranch Perspective Mark C. Miller,Jeb Barnes Ierobežota priekšskatīšana - 2004 |
Making Policy, Making Law: An Interbranch Perspective Mark Carlton Miller,Jeb Barnes Priekšskatījums nav pieejams - 2004 |