ABSTRACT

This chapter examines the interactions between the courts and the legislative branch, at both the state and federal levels, that are the focus of the Governance as Dialogue movement. It also explores that the different reactions legislatures have to statutory interpretation decisions and to constitutional interpretation decisions. A constitutional interpretation decision is generally much harder for the legislature to overturn than a statutory interpretation decision. At the federal level, Congress must in theory pass a constitutional amendment in order to overturn this kind of judicial ruling. Both state and federal courts are dependent on their respective legislatures for a variety of issues related to their operations, including their annual budgets, their salaries, their jurisdictions, and the number of judges per court. Although the judiciary is an independent third branch of government, courts are nevertheless dependent on the other branches for their budgets.