POLS 3130 Lecture Notes - Lecture 3: Downtown Eastside, Equal Protection Clause, Minority Language
28 Sep 2016
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Two main types: mediation: mediator chosen by parties, decision not binding (parties must consent) o. Arbitration: closer to adjudication, more formalized, decision often binding. But, they are more important policymakers now, in the age of judicial power . Different standards for evidence: historical vs. social facts. As long as both sides of the issue are well-represented. Judicial function: help shape and disseminate public values (to make policy) Primary judicial function is to settle concrete disputes. Policy choices are inevitable, but legitimate only if unavoidable corollary of dispute settlement. Primary function of some courts is to make policy i. e. supreme court. May legitimately make policy choices beyond what is strictly necessary to settle dispute: more controversial. The problem is there"s no clear rules for justiciability. If justices were ordered to go swimming, they themselves have made decisions that have led them into the deep end . Must be party to a live legal dispute.
