POSC 130g Lecture Notes - Lecture 3: Precedent, Pleading, Rulemaking
Document Summary
January 19, 2017 ((windsor case was decided based on processes put forth by brown v. board)) Law as a means to (cid:498)correct(cid:499) pol)t)cal fa)lures. Definition: law and courts promise to (cid:498)correct: political failures. Meaning they potentially provide a means to address claims that other policy-makers are either unable or unwilling to address. The point is not that the courts will always act wisely or efficiently. This is a different function that oddr. It rests on a different source of legitimacy, even though courts might argue that the law compels their actions. To (cid:498)correct(cid:499) political failures, courts must step outside the role of referee and (cid:498)make policy(cid:499) Policymaking is a process by which demands are translated into authoritative laws and practices. Policy scholars often describe this process in terms of a (cid:498)cycle(cid:499) > rulemaking -> implementation (all goes back to mobilization cycle) Mobilization -> agenda setting -> information gathering (lobbyists, think tanks, experts (hearings))
