Judges make policy under constraints unique among government branches.

Evidence

Second, judicial policy making is distinctive. Judges develop public policy in the course of resolving disputes. They bring to the task of policy making a particular training and orientation. The institutional constraints they operate under differ considerably from those of legislators or administrators. Together, these factors affect the way that judges view problems and the policies they develop; they also highlight why understanding the judicial process and the participants in it is crucial for understanding judicial policy making. — G. Alan Tarr, Judicial Process and Judicial…, 91

Categorization

• XREF: connects to: Common-law policymaking is constrained; judges cannot simply impose their own policy preferences — G. Alan Tarr, Judicial Process and Judicial…, 2805; Judges create law when forced to resolve statutory ambiguity. — G. Alan Tarr, Judicial Process and Judicial…, 187; Remedying constitutional violations lets judges impose detailed policy on state institutions. — G. Alan Tarr, Judicial Process and Judicial…, 2717 (+9 more)

Broader Connections

• Judicial discretion is channeled by constraints, not eliminated. #expands (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 188
• Common-law policymaking is constrained; judges cannot simply impose their own policy preferences #expands (0.93) — G. Alan Tarr, Judicial Process and Judicial…, 2805
• Judicial power over policy is more limited than it appears #expands (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 191
• Courts depend on the other branches to enforce their judgments. #exemplifies (0.82) — G. Alan Tarr, Judicial Process and Judicial…, 1648
• Judges create law when forced to resolve statutory ambiguity. #exemplifies (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 187
• Courts do not simply dominate American policymaking. #corroborates (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 191
• Judges create law when forced to choose among competing interpretations. #exemplifies (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 196
• Judicial rulings have policy consequences yet judges should not impose their own policy views #qualifies (0.76) — G. Alan Tarr, Judicial Process and Judicial…, 2688
• Remedying constitutional violations lets judges impose detailed policy on state institutions. #qualifies (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2717
• Government expansion, not activist judges, explains the growth of judicial policymaking. #complicates (0.74) — G. Alan Tarr, Judicial Process and Judicial…, 1499
• The political perspective holds that judges’ attitudes determine their rulings. #complicates (0.73) — G. Alan Tarr, Judicial Process and Judicial…, 2647
• Judicial rulings can set binding national policy beyond the immediate parties #complicates (0.72) — G. Alan Tarr, Judicial Process and Judicial…, 194