HSA 3150 Lecture Notes - Lecture 6: Employee Retirement Income Security Act, Precedent, Federal Preemption
Document Summary
Chapter 4- the role of courts in health policy and policymaking. Structure of the judicial branch: two structural features. The judi(cid:272)iar(cid:455)"s e(cid:454)iste(cid:374)(cid:272)e in a tripartite system of government: power is shared among three branches: executive, legislative, and judicial. The judi(cid:272)iar(cid:455)"s e(cid:454)iste(cid:374)(cid:272)e i(cid:374) a federal system of government: power shared between the federal and state governments. The court in a tripartite system: key concepts: Institutional competence: separation of powers: each branch has distinctive but limited powers. Judicial review: the judicial branch has exclusive power to interpret the constitution to determine whether an act by a legislative body or an executive official exceeds constitutional limits. Institutional competence: each branch of government has strengths and weaknesses relevant to policymaking. Courts are not suited to formulate/implement policy but instead focus on immediate lawsuits. Functioning of the courts: what courts do: resolving cases/controversies. Address legal questions in concrete disputes in an adversarial system.
