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Journal

2002

Judicial process

Articles 1 - 2 of 2

Full-Text Articles in Law

The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton Jul 2002

The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton

Law and Contemporary Problems

A major reason that many people are intensely interested in who sits on the Supreme Court is that legal decisions can have great influence on the effectuation or frustration of political objectives. Clayton does not view the trend toward the "judicialization" of politics as necessarily antithetical to democratic values because Court decisions are within the mainstream of contemporary political values and electoral preferences.


Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder Jul 2002

Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder

Law and Contemporary Problems

Deliberative democracy is one of the most discussed contemporary political theories. Schroeder argues that its central claim can be understood as the claim that politics needs to become more like law. While specific recommendations to make specific decision processes more deliberative are fair, the attempt to efface the distinctively non-lawlike attributes of politics entirely cannot withstand scrutiny.