State Budget Politics and Judicial Independence: An Emerging Crisis for the Courts as a Political Branch

The Court Manager, Vol. 18, No. 4, pp. 16-23, 2003

8 Pages Posted: 10 Jul 2009 Last revised: 2 Jun 2013

Date Written: 2003

Abstract

Courts face a "catch-22" as a independent branch. On one hand court officials feel the need to remain "above politics" in order to secure the legitimacy of the branch and to remain independent. On other hand, courts must negotiate the very political budget process, interact effectively with the other branches, and must behave politically in order to be successful. This paper discusses the implication of this "catch-22" on budget politics, notes problems with how courts approach budget politics and ends with implications and reforms that may lead to budget success and success with intergovernmental relations.

Keywords: court, budget politics, judicial independence, budget crisis, intergovernmental relations, court administration, judicial administration

Suggested Citation

Hartley, Roger E., State Budget Politics and Judicial Independence: An Emerging Crisis for the Courts as a Political Branch (2003). The Court Manager, Vol. 18, No. 4, pp. 16-23, 2003, Available at SSRN: https://ssrn.com/abstract=1432134

Roger E. Hartley (Contact Author)

University of Baltimore ( email )

Baltimore, MD 21214
United States
828-458-0944 (Phone)

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