University of Illinois at Urbana-champaign(美國伊利諾大學香檳校區政治學)
摘要:
Courts involve in regulatory policy by means of statutory judicial review, and a
theory of statutory judicial review is needed to account for judicial behavior in
this respect. The theory this essay presents structures statutory judicial review
as a game in which players try to materialize their motives as much as
possible. The ultimate outcome of this game depends on courts' strategic
choices made under constraints imposed by their motives and other players'
strategic choices. The theory is verified by applying to a dozen cases regarding
a policy area characterized by massive judicial intervention, namely, the
telecommunications regulation.