Judicial activism already is an important influence on the state budgetary process. Today, almost 50% of the largest agencies in eight survey states operate judicially mandated programs. Given the force of this development, it is somewhat surprising that so little thinking about public budgeting reflects the new role of the courts. It seems likely that the rise of an activist judiciary: (1) transfers power from elected execu tives and legislators; (2) frustrates retrenchment; (3) opens up new opportunities for budgetary games; and (4) both demands creative public management and narrows the range of administrative discretion.
Get full access to this article
View all access options for this article.
References
1.
Allerton, W.S. (1976) "An administrator responds," in V. Bradley and G. Clarke (eds.) Paper Victories and Hard Realities. Washington, DC: Georgetown University Health Policy Center.
2.
Chayes, A. ( 1976) "The role ofthejudge in public law litigation ." Harvard Law Rev.89: 1281-1316.
3.
Cox, A. ( 1976) The Role of the Supreme Court in American Government. New York: Oxford Univ. Press.
4.
Doddy, J.L. and L.C. Ethridge (1976) "Federalism before the court" Intergovernmental Perspective2 (Spring): 6-19.
5.
Fisher, L. (1975) Presidential Spending Power. Princeton: Princeton Univ. Press.
6.
Fox, D.M. (1974) The Politics of City and State Bureaucracy. Santa Monica. Good-year.
7.
Glazer, N. (1978) "Should judges administer social services." Public Interest50 (Winter): 64-80.
8.
——— (1975) "Towards an imperial judiciary." Public Interest41 (Fall): 104-123.
9.
Horowtiz, D.L. (1977) The Courts and Social Policy. Washington, DC: Brookings Institution.
10.
Kaiser, R.G. (1976) "Garrity role: political issue." Washington Post (July 19): 1.
11.
Maxwell, N. (1976) "Who is governor of Alabama?" Wall Street Journal (April 8): 1.
12.
Tolchin, M. (1977) "Intervention by courts arouses deepening disputes ." New York Times (April 24).
13.
U.S. Advisory Commission on Intergovernmental Relations (1978) "The courts and federalism." Intergovernmental Perspective4 (Winter): 32-37.
14.
Wilkin, W. and J. Callahan (1976) "Education," pp. 22-33 in R. Howa and A. Rosenthal (eds.) Legislative Priorities for Policy Assistance. New Brunswick, NJ: Rutgers University Eagleton Institute for Politics .
