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8 - Implementing court orders in the United States: judges as executives

from Part Two - International case studies

Published online by Cambridge University Press:  29 July 2009

Malcolm M. Feeley
Affiliation:
Professor of Law University of California at Berkeley, USA
Marc Hertogh
Affiliation:
Universiteit van Tilburg, The Netherlands
Simon Halliday
Affiliation:
University of Oxford
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Summary

INTRODUCTION

Since at least the publication of Richard Neustadt's book, Presidential Power, it has been commonplace to observe that few policies are self-executing, and that chief executives have only very limited abilities to accomplish their objectives. Indeed, a generation ago, a new field of research, implementation studies, emerged to address this issue. In their book, Implementation, that did much to establish this field, Jeffrey Pressman and Aaron Wildavsky proposed to stand a central question of public administration on its head. Rather than ask, ‘Why do some policies fail?’, they asked, ‘Why do some policies occasionally succeed?’

Variations on this theme are now common in the American literature on public administration. In his classic book, Street Level Bureaucracy, Michael Lipsky attributes the routinisation of policy failure to two features of contemporary bureaucratic life: (1) the vast ‘distance’ between those who formulate formal policy – legislatures, chief executives, agency heads – and those who provide street level service; and (2) the vast discretion that these service providers exercise. In her study of federal policies to counter employment discrimination, Kirsten Bumiller argues that legal remedies are empty gestures, designed to give the appearance of doing something while reinforcing the status quo. More generally, the late Murray Edelman elaborated a theory of policy failure, whose central thesis is captured in the titles of his books: The Symbolic Uses of Politics, Words that Succeed But Policies that Fail and Constructing the Political Spectacle.

Type
Chapter
Information
Judicial Review and Bureaucratic Impact
International and Interdisciplinary Perspectives
, pp. 221 - 248
Publisher: Cambridge University Press
Print publication year: 2004

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