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The Socially Optimal Policy Choices by the Supreme Court – A Strategic Analysis

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  • Mallick, Indrajit

Abstract

This paper discusses a number of important problems regarding administration of justice in different legal areas and jurisdictions across the legal hierarchies in different countries throughout the world. It is argued that the Supreme Courts can address these problems through strategic use of its policy instruments. The paper discusses a number of important and pressing problems plaguing the courts all over the world. These problems range from litigation explosion, delay (backlogs) and caseload problems in courts, corruption in the judiciary, problems of judicial review by a Supreme Court, inadequate standards of review, suboptimal legal innovations brought about by the judiciary and inefficiently designed judicial hierarchies. I argue that it is only the Supreme Court, through strategic use of its policy instruments, can bring about solutions to these problems and the desirable results.

Suggested Citation

  • Mallick, Indrajit, 2012. "The Socially Optimal Policy Choices by the Supreme Court – A Strategic Analysis," MPRA Paper 45042, University Library of Munich, Germany, revised 14 Mar 2013.
    • Handle: RePEc:pra:mprapa:45042
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    References listed on IDEAS

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    1. Rafael La Porta & Florencio Lopez-de-Silanes & Cristian Pop-Eleches & Andrei Shleifer, 2004. "Judicial Checks and Balances," Journal of Political Economy, University of Chicago Press, vol. 112(2), pages 445-470, April.
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    3. William M. Landes, 1974. "An Economic Analysis of the Courts," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 164-214, National Bureau of Economic Research, Inc.
    4. Cooter, Robert D & Rubinfeld, Daniel L, 1989. "Economic Analysis of Legal Disputes and Their Resolution," Journal of Economic Literature, American Economic Association, vol. 27(3), pages 1067-1097, September.
    5. Kessler, Daniel, 1996. "Institutional Causes of Delay in the Settlement of Legal Disputes," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 12(2), pages 432-460, October.
    6. Kydland, Finn E & Prescott, Edward C, 1977. "Rules Rather Than Discretion: The Inconsistency of Optimal Plans," Journal of Political Economy, University of Chicago Press, vol. 85(3), pages 473-491, June.
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    More about this item

    Keywords

    K0; K1; K4;
    All these keywords.

    JEL classification:

    • K0 - Law and Economics - - General
    • K1 - Law and Economics - - Basic Areas of Law
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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