Checking the Courts

Law, Ideology, and Contingent Discretion

By Kirk A. Randazzo, Richard W. Waterman | Publisher: State University of New York Press

About the book

How does the language of legislative statutes affect judicial behavior? Scholars of the judiciary have rarely studied this question despite statutes being, theoretically, the primary opportunity for legislatures to ensure that those individuals who interpret the law will follow their preferences. In Checking the Courts, Kirk A. Randazzo and Richard W. Waterman offer a model that integrates ideological and legal factors through an empirical measure of statutory discretion. The model is tested across multiple judicial institutions, at both the federal and state levels, and reveals that judges are influenced by the levels of discretion afforded in the legislative statutes. In those cases where lawmakers have clear policy preferences, legislation encourages judges to strictly interpret the plain meaning of the law. Conversely, if policy preferences are unclear, legislation leaves open the possibility that judges will make decisions based on their own ideological policy preferences. Checking the Courts thus provides us with a better understanding of the dynamic interplay between law and ideology.

\"Checking the Courts presents a way of conceptualizing how both the expressed preferences of lawmakers and a judge's own ideology influence judicial behavior, an idea that will interest any student of the judiciary.\" — Harvard Law Review

\"…the authors deserve much credit for the extensive and unquestionably time-consuming research reported in this book.\" — Criminal Law and Criminal Justice Books

Editions of Checking the Courts

Hardcover
ISBN 9781438452876
Paperback
ISBN 9781438452883
PDF
ISBN 9781438452890

Read an Excerpt

How does the language of legislative statutes affect judicial behavior? Scholars of the judiciary have rarely studied this question despite statutes being, theoretically, the primary opportunity for legislatures to ensure that those individuals who interpret the law will follow their preferences. In Checking the Courts, Kirk A. Randazzo and Richard W. Waterman offer a model that integrates ideological and legal factors through an empirical measure of statutory discretion. The model is tested across multiple judicial institutions, at both the federal and state levels, and reveals that judges are influenced by the levels of discretion afforded in the legislative statutes. In those cases where lawmakers have clear policy preferences, legislation encourages judges to strictly interpret the plain meaning of the law. Conversely, if policy preferences are unclear, legislation leaves open the possibility that judges will make decisions based on their own ideological policy preferences. Checking the Courts thus provides us with a better understanding of the dynamic interplay between law and ideology.

\"Checking the Courts presents a way of conceptualizing how both the expressed preferences of lawmakers and a judge's own ideology influence judicial behavior, an idea that will interest any student of the judiciary.\" — Harvard Law Review

\"…the authors deserve much credit for the extensive and unquestionably time-consuming research reported in this book.\" — Criminal Law and Criminal Justice Books

Frequently Asked Questions

What is Checking the Courts about?

How does the language of legislative statutes affect judicial behavior? Scholars of the judiciary have rarely studied this question despite statutes being, theoretically, the primary opportunity for legislatures to ensure that those individuals who interpret the law will follow their preferences. In Checking the Courts, Kirk A. Randazzo and Richard W. Waterman offer a model that integrates ideological and legal factors through an empirical measure of statutory discretion. The model is tested across multiple judicial institutions, at both the federal and state levels, and reveals that judges are influenced by the levels of discretion afforded in the legislative statutes. In those cases where lawmakers have clear policy preferences, legislation encourages judges to strictly interpret the plain meaning of the law. Conversely, if policy preferences are unclear, legislation leaves open the possibility that judges will make decisions based on their own ideological policy preferences. Checking the Courts thus provides us with a better understanding of the dynamic interplay between law and ideology.

\"Checking the Courts presents a way of conceptualizing how both the expressed preferences of lawmakers and a judge's own ideology influence judicial behavior, an idea that will interest any student of the judiciary.\" — Harvard Law Review

\"…the authors deserve much credit for the extensive and unquestionably time-consuming research reported in this book.\" — Criminal Law and Criminal Justice Books

What core themes, tropes, or subjects are explored in Checking the Courts?

Society and Social Sciences > Politics and government > Central / national / federal government

Where can I read a sample of Checking the Courts?

You can read an official preview of the few pages here https://www.book2look.com/book/9781438452876

How long is Checking the Courts and how many pages does it have?

Checking the Courts has 215 page(s)

Is Checking the Courts part of a series, and can it be read as a standalone?

Yes it is a part of series SUNY series in American Constitutionalism

Who is/are the Author/s of the book Checking the Courts?

Kirk A. Randazzo, Richard W. Waterman

Who is the Publisher of the book Checking the Courts?

State University of New York Press

What are the ISBN numbers for the physical and digital editions?

Checking the Courts is available as hardcover(ISBN 9781438452876) and paperback(ISBN 9781438452883) and pdf(ISBN 9781438452890)

Where can I buy Checking the Courts online or support local independent bookshops?

You can buy Checking the Courts from below

Where can I buy Checking the Courts?