First published 1983
Courts control American democracy, and Richard Neely explains why this reality benefits the nation. The West Virginia Supreme Court justice argues that judicial activism fills gaps left by dysfunctional political institutions. Congress avoids controversial decisions to protect electoral prospects, leaving courts to handle difficult policy questions. Bureaucrats pursue personal agendas rather than public welfare. Political machines operate through corruption at every government level except the judiciary. Neely draws from his experience as both state legislator and judge to show how comparative honesty gives courts their authority. He acknowledges the dangers of excessive judicial power while defending necessary court intervention. The book provides principles for evaluating when judicial involvement in policymaking crosses legitimate boundaries. Neely challenges common assumptions about separation of powers by demonstrating how structural flaws in other government branches create the need for active courts.
Genres: political-science, politics, non-fiction, law, academic, american-history
Vibes: thought-provoking
Tropes: informed-consent
Setting: America, West Virginia
Period: 20th-century, 21st-century
234 pages · Paperback · Yale University Press