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.
• This is the first collection of essays on the effects of judicial review on bureaucracies • Provides an international perspective including case studies from Australia, Israel, Canada, US and the UK • Interdisciplinary perspective, bringing together leading experts from political science and law/socio-legal studies
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.
'Socio-legal studies of judicial review to assess its socio-bureaucratic impact are a contemporary trend … a timely and insightful addition. … Researchers will gain much insight … a good reminder of the strengths and influence of law and judicial review in our life … contains rich bibliographies and refers to a wide range of cases, which will enormously benefit future researchers of judicial impact. Intellectually insightful and focussed … should attract a wide readership.' Cambridge Law Journal