The Pitfalls of Legislative and Executive Policymaking Compared to Judge-Made Law

Tasić, Slaviša (2016) The Pitfalls of Legislative and Executive Policymaking Compared to Judge-Made Law. The Journal of Private Enterprise, 31 (4). pp. 43-63. ISSN 0890-913X

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Abstract

This article uses insights from cognitive psyhology to contrast judge-made law with legislative and executive policymaking. I argue that the predominant narrow conceptions of reason and rationality have led to overly optimistic views of deliberate policymaking at the expense of traditional judge-made law. However, alternative views of what constitutes rationality suggest that judge-made law may have some often overlooked advantages over deliberate policymaking.

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