The Judiciary and the Role of Law: A Positive Political Theory Perspective

Abstract

In this chapter for a comprehensive volume on political economy, the authors survey key work in the positive political theory tradition and its impact on the study of law and judicial politics. They consider, in particular, the influence of positive political theory on the study of statutory interpretation, administrative law, and judicial independence. This chapter draws upon the recent literature and aims, as well, to synthesize into some discernible themes a broad body of work within the positive political theory framework.

Keywords: positive political theory, statutory interpretation, administrative law, judicial independence

JEL Classification: K1, K00, K23