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Theories of statutory interpretation abound. Scholars, judges and commentators have long puzzled over the best method to locate the meaning of a statute and to this end have proposed a range of approaches that rely on various forms of evidence, including statutory text, legislative intent,...
Persistent link: https://www.econbiz.de/10014051595
In this article, Professors Staudt, Lindstaedt, and O'Connor undertake a comprehensive study of congressional responses to Supreme Court cases and make a surprising finding: Overrides, although the sole focus in the extant literature, account for just a small portion of the legislative activity...
Persistent link: https://www.econbiz.de/10014051791
Normative concerns often lead designers of political institutions to insulate judges from direct accountability and oversight that creates pressure on their decision making. However, such insulation undermines performance-relevant incentives and can give rise to shirking by judges. To understand...
Persistent link: https://www.econbiz.de/10013019916
Independent judges are thought to promote democratic regime survival by allowing perceived violations of rules limiting arbitrary power to be challenged non-violently in a fair setting, governed by transparent rules. Yet, judges are often subjected to public shaming and politically motivated...
Persistent link: https://www.econbiz.de/10012914846