Policy Making

Definition of Policy Making

Note: See a more comprehensive approach to the Policy Making legal concept in the American Law Encyclopedia

An approach used by judges, particularly appeals judges, as they perform their basic case review function. Judges who engage in policy making intentionally fashion new norms as they reach decisions. Such judges believe that the judicial role is not merely to apply the norms established by others, but to supply their own when necessary. The opportunity to make policy will not exist in every case, nor do judicial policy makers avail themselves of every opportunity that does present itself. Policy making by a judge takes place when a norm is challenged by a party to a case under review, and the court rules in the challenger's favor. While policy making can occur in cases where appellate courts are engaged in statutory construction, it is more likely where judicial review is involved.

See Also

Interpretive Approaches (Law of the United States) Judicial Activism (Law of the United States) Judicial Review (Law of the United States); NORM ENFORCEMENT,

Resources

Policy Making Related Resources

• Policy Making in the United States Legal Encyclopedia
• Judicial Effects and Policies Keywords in the United States Legal Encyclopedia
• Judicial Policies Keywords in the International Legal Dictionary

Notes

• “Policy Making”, The American Law Dictionary, 1991, California

Policy Making (Judicial Policies)