Abstract

http://ssrn.com/abstract=2008305
 


 



Reversing: Undoing Bad Laws and Bad Judicial Decisions


F. H. Buckley


George Mason University - Antonin Scalia Law School, Faculty

February 20, 2012

THE AMERICAN ILLNESS: ESSAYS ON THE RULE OF LAW, Yale University Press, Forthcoming
George Mason Law & Economics Research Paper No. 12-18

Abstract:     
The growth of laws and judicial decisions of questionable economic benefit, and the current debt crisis, pose the question of how bad choices can be reversed. That problem is prominently on display in southern Europe, and indeed throughout much of the first world. Parliamentary systems seem better able to undo bad laws than the U.S. presidential system, with its separation of powers, which does not augur well for America. Bad judicial decisions might be even harder to reverse, because of the conservatism of judges who follow precedent. However, judicial elections in the states appear to offer a solution to the problem. The objections which have been raised against such elections seem less than compelling.

Number of Pages in PDF File: 29

Keywords: American Revolution, Canada, comparative, confederation, constitutional, Disraeli, framers, Gladstone, governance, Great Britain, legislative reform, Loyalists, merit selection, monarchical, populist, pre-enactment screening, presidential, Reform Act, Republican, reversibility, Walter Bagehot

JEL Classification: D72, H11, H77


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Date posted: February 20, 2012  

Suggested Citation

Buckley, F. H., Reversing: Undoing Bad Laws and Bad Judicial Decisions (February 20, 2012). THE AMERICAN ILLNESS: ESSAYS ON THE RULE OF LAW, Yale University Press, Forthcoming; George Mason Law & Economics Research Paper No. 12-18. Available at SSRN: http://ssrn.com/abstract=2008305

Contact Information

Francis (Frank) H. Buckley (Contact Author)
George Mason University - Antonin Scalia Law School, Faculty ( email )
3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8028 (Phone)
703-993-8088 (Fax)

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