How effective are the courts in controlling bureaucracies? What impact does judicial review have on the agencies which are targeted by its rulings? For the first time, this book brings together the insights of two intellectual disciplines which have hitherto explored these questions separately: political science and law/socio-legal studies. Leading international scholars from both fields present new research which focuses on the relationship between judicial review and bureaucratic behaviour. Individual contributors discuss fundamental conceptual and methodological issues, in addition to presenting a number of empirical case studies from various parts of the world: the United States, Canada, Australia, Israel, and the United Kingdom. This volume constitutes a landmark text offering an international, interdisciplinary and empirical perspective on judicial review's impact on bureaucracies. It will significantly advance the research agenda concerning judicial review and its relationship to social change.
Dr. Marc Hertogh is Associate Professor of Socio-Legal Studies at the Faculty of Law, Tilburg University, The Netherlands. Dr Simon Halliday is Nicholas de B. Katzenbach Research Fellow at the Centre for Socio-Legal Studies at the University of Oxford.
Introduction Marc Hertogh and Simon Halliday; 1. Understanding judicial review and its impact Peter Cane; 2. Judicial review and bureaucratic impact: conceptual issues in researching the impact of judicial review on government bureaucracies Maurice Sunkin; 3. Studying bureaucratic implementation of judicial polices in the U.S.: conceptual and methodological approaches Bradley C. Canon; 4. Impact studies in the UK Genevra Riachardson; 5. The politics of soft law: how judicial decisions influence bureaucratic discretion in Canada Lorne Sossin; 6. The operation of judicial review in Australia Robin Creyke and John McMillan; 7. Legalizing the unlegalizeable: terrorism, secret services and judicial review in Israel 1970-2001 Yoav Dotan; 8. Implementing court orders: judges as executives Malcolm M. Feeley; 9. Judicial review and bureaucratic impact: the future of EU administrative law Martin Shapiro; 10. Judicial review and bureaucratic impact in future research Marc Hertogh and Simon Halliday.