POLS 3130 Chapter Notes - Chapter 11: Mootness, Policy Analysis, Fundamental Justice
14 Mar 2014
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Document Summary
Chapter 11 courts, policy-making and judicial impact public policy involves developing objectives to address issues or problems and selecting means to achieve those objectives. This includes a greater willingness to relax the rules concerning standing, mootness and political questions; to allow interveners; to use social factors; and to shape the law. The recent trend has been for courts to be somewhat decennial to decision made by administrative tribunals. Even some decisions that uphold administrative decisions contain seeds of judicial policy making. Moreover, even if judges review only the procedural aspects of administrative tribunal decision making rather than the substance, this an still have important policy implications. 2. the second way that courts have a policy making role in non-constitutional cases is cumulatively. The decisions that judges make in routine cases when applying legislative or common law rules, which often leave room for discretion, can forge policy in the aggregate. Changes in those patterns can signal a change in judicial policy.
