What Political Science Can Contribute to the Study of Law

Martin, Andrew D.; Hazelton, Morgan L. W.

doi:10.1515/1555-5879.1581

Cited by 2 publications

(3 citation statements)

References 44 publications

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“…This article has drawn its dependent variable from the well-developed literature on state supreme courts—a literature, together with the broader law and courts literature, that recent reviews argue has tremendous untapped potential (Bartels and Bonneau 2015; Martin and Hazelton 2012). However, this article has drawn its independent variables from the sparser empirical literature on state constitutions.…”

Section: Resultsmentioning

confidence: 99%

The Role of Constitutional Features in Judicial Review

Brown

2018

State Politics Policy Q.

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American state constitutions vary tremendously in their length, amendment rate, and age. These three variables—especially the first two—strongly influence the rate at which state supreme courts strike down state actions for violating the state constitution. Longer, more detailed constitutions reduce policy flexibility, increasing judicial invalidations; rarely updated constitutions may fail to address modern concerns, increasing invalidations; and recently adopted constitutions may contain fragile logrolls and similar shortcomings, also increasing invalidations. These findings add new considerations to a rich literature on judicial review in state supreme courts.

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Section: Resultsmentioning

confidence: 99%

The Role of Constitutional Features in Judicial Review

Brown

2018

State Politics Policy Q.

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“…"Whenever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former." 29 These are what the roles of the courts should be, looking through the facts both behind the laws and in the particular case.…”

Section: Origins Of Law and Politicsmentioning

confidence: 99%

“…Most executive agencies and the legislation that has been delegated to them have a political motive behind them. 196 Often the non-delegation of legislation is a political conglomerate, and not necessarily have a sound legal reasoning. These delegated laws and policies will take years to be refined by the courts because of their complexity.…”

Section: The Need For More Cross Academiamentioning

confidence: 99%

Law, politics, and the creation of public policy: How the two can come together and create better public policy

Fink

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Public policy is so much more than just the passage of laws and legislation; public policy is the government. The creation of public policy is a very long and complicated process. Public policies that start in the Legislature have to go through a complex process of which many lawyers do not understand how the legislative process works. The Executive takes the law and refines it through executive agencies which then create rules and regulations of the public policy. The Executive agencies' process of creating public policies has led to a complex web of relevant rules and regulations that are necessary to create public policy. The law is fully formed under the Judicial Branch. As a result, courts wield significant power in determining how policy affects the public. Political science studies public policy to see how the policies are created, and how different variables will influence the policies, and have developed elaborate theories on how public policy is made. Often these theories and the discussion that they raise are frequently detached from the real world implications of public policy. While a primary objective of legal education is to learn the fundamental nature of law; it seeks to identify the core elements of law and legal doctrines. Lawyers left in a position to be able to interpret the courts' decisions. The legal field can also give political science a different methodical approach on how policies and laws affect people. There must be more cross-disciplinary communication so that there is an understanding of both areas to help the fields of study further evolve. It is inherent that law and politics are related. Unfortunately, the separation between the law and political science has prevented iv communication between the two fields. Both law and politics create and influence public policy; they must work together so that there can be better public policies that affect the people. v ACKNOWLEDGMENTS I would like to thank my committee chair, Dave Peterson and my committee members, Dave Anderson, and Alex Tuckness, for their guidance and support throughout the course of writing this thesis. As well as Mack Shelly whose paper assignment was a basis for part of this thesis. I would like to thank my father, Bill Fink, who spent many hours reading, editing and discussing this thesis, as well as many other papers while in higher education. Also, I would also like to thank Alexis Rowe, for being my soundboard/editor/sanity keeper, when I was writing this thesis. I would also thank my friends, colleagues, the department faculty and staff at Iowa State University for understanding my circumstances in the joint degree program.

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What Political Science Can Contribute to the Study of Law

Cited by 2 publications

References 44 publications

The Role of Constitutional Features in Judicial Review

The Role of Constitutional Features in Judicial Review

Law, politics, and the creation of public policy: How the two can come together and create better public policy

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