Courts and Executives

Author(s):  
Jeffrey L. Yates ◽  
Scott Boddery

We examine existing empirical studies addressing the intersection of American courts and the Executive and explore multiple aspects of dynamics between these two primary branches of government. We assay the literature on the formal powers of the president and how courts have shaped and adjusted the legal authority and reach of the federal executive. We also investigate how presidents can influence American public policy through less direct pathways such as agenda-setting. However, one of the president’s most renowned powers is that of appointment—and we assess how presidents have helped shape the landscape of American law through the appointment of judicial actors and consider the politics of the federal judicial selection process. Finally, we address the president’s primary legal arm—the Solicitor General’s Office—and investigate the office’s influence on Supreme Court policy-making.

Author(s):  
Scott Greer

This chapter examines John Kingdon’s bookAgendas, Alternatives, and American Public Policy, considered an alternative to the more technocratic existing theories of policy-making. It begins by summarizing what the book says about American public policy and looking at the interlocking innovations that made it so important. In particular, it analyses two political processes that differ from the better known aspects of politics: agenda-setting and alternative specification. It then turns its attention to the second conceptual innovation inAgendas: the three streams of policy, politics, and problems. The chapter also describes coupling and the window of opportunity as potentially the most theoretically difficult parts of the book. In addition, it discusses potential theoretical directions that would go beyond further replication ofAgendas.


2019 ◽  
Vol 9 (1) ◽  
pp. 168-193
Author(s):  
Riza Multazam Luthfy

Community participation in national and state life today is an important study. This is because in a democratic country, public policy cannot be separated from public participation. This study seeks to discuss the relationship between community participation, the making of Act and the implementation of judicial review. The results showed that: (1) Public participation in the making of Act and the implementation of judicial review can: (a) Provide a better basis for public policy making in creating good governance. (b) Increase citizens' trust in the executive and legislative branches. (c) Save human resources, because with the involvement of the community in public policy making, the resources used in public policy socialization can be minimized. (2). Community participation in evaluating Act becomes an important activity, in order to establish control whether an Act is in accordance with its objectives or not. The public can submit a judicial review to the Supreme Court (MA) or the Constitutional Court (MK) if they judge that their rights have been impaired by certain Act. (3). The relationship between community participation and the making of Act and the implementation of judicial review is very close. Without community participation, the Act produced does not reflect the interests of the community and only prioritizes the interests of certain groups. The Constitutional Court (MK) and the Supreme Court (MA) will not conduct a judicial review if there is no request from the public.


Author(s):  
Farooq Jan Mangal

Mass media (Radio, TV, print…) plays a crucial and vital role in information distribution and thus in the political market and public policy making. Theory predicts that information provided by mass media reflects the media’s incentives to provide news to different types of groups in society, and affects these groups’ influence in policy-making. The study emphasize on the role of mass media in political markets and its effect on public policy-making. It attempts to develop a theoretical relationship between mass media and public policy. The empirical studies have tried to assess the effect of media on policy outcomes.      Analysing various cases in Afghanistan, media influences policy makers and higher authorities to act in accordance of the suggestion and recommendations of media workers and institutions. In recent decades, policy makers have considered on media’s soft and proper demands based on their suggestions and recommendations, even many articles in Afghanistan’s constitution would be amended.      According to our findings, ‘Access to Information Law’, passed by president Ashraf Ghani, was a combine demand of policy makers, lawyers and media workers, who believed that legal information except the information that can harm national security should be accessible by locals and media workers through law. Similarly, Afghan Journalist safety committee developed a comprehensive policy against women Sexual harassment that will be discussed in the paper as a ‘Case Study’. Hence, the policy has been accepted by Government of Afghanistan and is implemented since then


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