Working Paper No. 12-18:
Reversing: Undoing Bad Laws and Bad Judicial Decisions

Author(s):

Francis Buckley

Date Posted: February 2012

Availability:
Abstract (below)
Full text (original)   PDF file
Full text (most recent) on SSRN

Abstract:

The growth of laws and judicial decisions of questionable economic benefit, and the current debt crisis, pose the question of how bad choices can be reversed. That problem is prominently on display in southern Europe, and indeed throughout much of the first world. Parliamentary systems seem better able to undo bad laws than the U.S. presidential system, with its separation of powers, which does not augur well for America. Bad judicial decisions might be even harder to reverse, because of the conservatism of judges who follow precedent. However, judicial elections in the states appear to offer a solution to the problem. The objections which have been raised against such elections seem less than compelling.