Effectiveness of Governmental Operations

Henry J. Abraham

The ANNALS of the American Academy of Political and Social Science, 1976, vol. 426, issue 1, 81-97

Abstract: The Judiciary has always received a higher rating of esteem and regard than the other two branches of government. However, it is not free from pragmatic or philosophical operational problems. Two of these are finding a line between judging and legislating and court reform. Suggestions for reform fall into three categories: (1) those dealing with the institution and modus operandus of the courts, (2) those concerned with court staff, and (3) those dealing with the legal framework mandated by law- makers and the Constitution. A matter of infinitely more press ing concern is how to confine judges to judging rather than legislating. The Supreme Court must possess the power to interpret legislation, but a line must be drawn between the imposition of judicial judgment and the exercise of judicial will. Our federal system underlies both the disappointments and the accomplishments of the American government. The apparent trend toward centralization of federal power is both an axiom of modern American federalism and irreversi ble. However, since excessive rigidity of centralization is a weakness, regional, state, and local governments should retain a substantial sphere of independence.

Date: 1976
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Persistent link: https://EconPapers.repec.org/RePEc:sae:anname:v:426:y:1976:i:1:p:81-97

DOI: 10.1177/000271627642600109

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