Democracy, the courts and the making of public policy

Report

Quite where the boundaries of justifiable judicial social policymaking lie will depend on one’s own understanding of the nature and value of democracy. Most will agree that there is value to policy outcomes possessing democratic legitimacy, but that this should not mean that the rights and interests of minorities are routinely ignored.

A range of different answers to the legitimacy and justifiability of judicial policymaking have been advanced. When judges seek to make public policy...

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Authors: Butt, D

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Foundation for Law, Justice and Society Publisher's website
• Series: Courts and the making of public policy
• Place of publication: http://www.fljs.org/content/courts-and-making-public-policy-publications-0
• Publication date: 2007-01-01
• Language: English
• Keywords: Political questions and judicial power; Democracy
• Subjects: Public policy; Socio-legal studies; Democratic government