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Author: Mark Carlton Miller
Publisher: Georgetown University Press
ISBN: 1589010256
Category : Political Science
Languages : en
Pages : 257
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Book Description
This volume proposes a new way of understanding the policymaking process in the United States by examining the complex interactions among the three branches of government, executive, legislative, and judicial. Collectively across the chapters a central theme emerges, that the U.S. Constitution has created a policymaking process characterized by ongoing interaction among competing institutions with overlapping responsibilities and different constituencies, one in which no branch plays a single static part. At different times and under various conditions, all governing institutions have a distinct role in making policy, as well as in enforcing and legitimizing it. This concept overthrows the classic theories of the separation of powers and of policymaking and implementation (specifically the principal-agent theory, in which Congress and the presidency are the principals who create laws, and the bureaucracy and the courts are the agents who implement the laws, if they are constitutional). The book opens by introducing the concept of adversarial legalism, which proposes that the American mindset of frequent legal challenges to legislation by political opponents and special interests creates a policymaking process different from and more complicated than other parliamentary democracies. The chapters then examine in depth the dynamics among the branches, primarily at the national level but also considering state and local policymaking. Originally conceived of as a textbook, because no book exists that looks at the interplay of all three branches, it should also have significant impact on scholarship about national lawmaking, national politics, and constitutional law. Intro., conclusion, and Dodd's review all give good summaries.
Author: Mark C. Miller
Publisher: Georgetown University Press
ISBN: 1589013646
Category : Political Science
Languages : en
Pages : 257
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Book Description
The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.
Author: Larry N. Gerston
Publisher: M.E. Sharpe
ISBN: 0765627434
Category : Business & Economics
Languages : en
Pages : 178
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Book Description
This brief text identifies the issues, resources, actors, and institutions involved in public policy making and traces the dynamics of the policymaking process, including the triggering of issue awareness, the emergence of an issue on the public agenda, the formation of a policy commitment, and the implementation process that translates policy into practice. Throughout the text, which has been revised and updated, Gerston brings his analysis to life with abundant examples from the most recent and emblematic cases of public policy making. At the same time, with well-chosen references, he places policy analysis in the context of political science and deftly orients readers to the classics of public policy studies. Each chapter ends with discussion questions and suggestions for further reading.
Author: Charles Edward Lindblom
Publisher: Prentice Hall
ISBN:
Category : Political Science
Languages : en
Pages : 156
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Book Description
Author: Cornelius M. Kerwin
Publisher: C Q Press College
ISBN:
Category : Law
Languages : en
Pages : 308
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Book Description
Rulemaking: How Government Agencies Write Law and Make Policy, Second Edition, is a resource for students and practitioners of political science, public administration, and public policy. The volume provides an in-depth look at how federal agencies make the rules that govern U.S. society. Basic rulemaking procedure, the role of judicial consideration, and historical, practical, and theoretical perspectives on rulemaking are discussed.
Author: Robert M. Howard
Publisher: Routledge
ISBN: 1136887601
Category : Law
Languages : en
Pages : 245
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Book Description
To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.
Author: Bochel, Hugh
Publisher: Policy Press
ISBN: 1861349033
Category : Political Science
Languages : en
Pages : 264
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Book Description
This unique book combines both academic and practitioner perspectives to provide critical consideration of contemporary policy-making and highlight examples of good practice at all levels of government. In Professional Policy Making for the Twenty-First Century the Cabinet Office's Strategic Policy Making Team identified nine 'competencies' as the key features of 'modern policy making': forward-looking; outward-looking; innovative, flexible and creative; evidence-based; inclusive; joined-up; open to review; open to evaluation; and capable of learning lessons. Using these to structure the book, nine central chapters - each written by a pair of co-authors, one primarily an academic, and the other primarily a policy maker or practitioner - examine the competencies in turn. Accompanying case studies provide lessons or pointers to good practice, together with guidance on how to access further information. Set in the context of New Labour's emphasis on 'modernisation', and reflecting the growing emphasis on policy making as a skill, the book will appeal to a range of audiences, including undergraduate and postgraduate students on courses that draw upon approaches to public administration and public policy, and social researchers, policy officers and others involved in the development and analysis of policy making at all tiers of government.
Author: Peter John
Publisher: Taylor & Francis
ISBN: 1136824758
Category : Political Science
Languages : en
Pages : 209
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Book Description
Many tools are on offer to politicians and other policy-makers when they seek to change policy outcomes. Often they choose to concentrate on one set of tools, but fail to see the costs as well as the benefits – and may not consider the available evidence regarding their effectiveness. This innovative new textbook clearly sets out the main tools of government, and provides an analysis of their efficacy when applied to public problems. Each chapter examines the relative benefits and costs of using a key tool that is available to improve policy outcomes, drawing on a diverse literature, a large number of empirical studies and a range of contexts. Areas covered include: governments and policy outcomes law and regulation public spending and taxation bureaucracy and public management institutions information, persuasion and deliberation networks and governance. Offering a clear and comprehensive evaluation, and highlighting the set of powerful tools commonly available, this text encourages students to consider the most effective combination in order to manage key issues successfully. Including a useful glossary of key terms, this book will be of great interest to all students of public policy, administration and management.
Author: Thomas R. Dye
Publisher: CQ Press
ISBN:
Category : Political Science
Languages : en
Pages : 200
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Book Description
In his eye-opening work, Dye explodes the myth that public policy represents the “demands of the people” and that the making of public policy flows upward from the masses. In reality, Dye argues, public policy in America, as in all nations, reflects the values, interests, and preferences of a governing elite. Top Down Policymaking is a close examination of the process by which the nation’s elite goes about the task of making public policy. Focusing on the behind-the-scenes activities of money foundations, policy planning organizations, think tanks, political campaign contributors, special-interest groups, lobbyists, law firms, influence-peddlers, and the national news media, Dye concludes that public policy is made from the top down.
Author: Jeb Barnes
Publisher: Cognella Academic Publishing
ISBN: 9781516512836
Category :
Languages : en
Pages :
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Book Description
Standard texts on law, courts, and judicial policymaking offer a collection of facts and details about the intricacies of the American legal system and judicial decision-making, but they often ignore how law and courts fit within broader political and policy-making processes. Judicial Policymaking: Readings on Law, Politics, and Public Policy takes a different approach. It provides a broad range of materials, including scholarly writings, newspaper articles, and political cartoons, to give readers a set of tools for exploring the complex and varied role of law and courts in contemporary American society. The book explores topics such as the core promises of and limits on law and courts, American courts compared to those abroad, the possibility of replacing such a costly and unpredictable American legal system, and the question of the American legal system serving core democratic values. This new edition features updated reading selections that explore relevant and recent topics, and all readings are supplemented with brief introductory essays, review questions, and suggestions for further course materials, such as movies and documentaries, which enrich and enliven the study of law, politics, and public policymaking. Judicial Policymaking can be used as both a standalone text and an invaluable supplement to standard textbooks.
Author: Karen Bogenschneider
Publisher: Routledge
ISBN: 1135149798
Category : Family & Relationships
Languages : en
Pages : 364
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Book Description
This book examines ways to enhance evidence-based policymaking, striking a balance between theory and practice. The attention to theory builds a greater understanding of why miscommunication and mistrust occur. Until we better appreciate the forces that divide researchers and policymakers, we cannot effectively construct strategies for bringing them together.
