ABSTRACT

In this concluding chapter, we first summarize the findings presented in the earlier chapters and then we offer an assessment of the role of courts in creating and influencing public policy. We analyze how the structural and institutional features which define courts also aid as well as impede their ability to effectively make policy. Finally, we end by arguing that the courts’ primary, constitutionally prescribed job of interpretation necessarily means that judges must enter policy disputes, and that so long as statutory and constitutional questions exist, they will continue to do so.