The Judiciary and the Role of Law


Book Section

© the several contributors 2006. All rights reserved. This article discusses the judiciary and the role of law. It talks about the implications of the approach for issues in statutory interpretation, and then examines the relationship between the legal and political controls of bureaucracy. The last section in the article focuses on the implications for judicial independence within the larger separation-of-powers system. The emerging literature on Positive Political Theory (PPT) further stresses the political nature of legal decision-making and the dynamic relationship among the legislative, judicial, and executive branches.

Full Text

Duke Authors

Cited Authors

  • McCubbins, MD; Rodriguez, DB

Published Date

  • June 19, 2008

Book Title

  • The Oxford Handbook of Political Economy

International Standard Book Number 13 (ISBN-13)

  • 9780199548477

Digital Object Identifier (DOI)

  • 10.1093/oxfordhb/9780199548477.003.0015

Citation Source

  • Scopus