Courts and science-policy disputes: a review and commentary on the role of the judiciary in regulatory politics
Journal Article
·
· J. Energy Law Policy; (United States)
OSTI ID:6883188
Society has historically used the courts to encourage some activites and discourage others, but the adjudicatory process was neither designed nor proves amendable to resolving scientific uncertainties. Litigation of polycentric science-policy disputes engenders lengthy, costly, and often inconclusive trials, and in turn precipitates out-of-court negotiations. Litigation, thus, serves as a catalyst for achieving political compromises over the conflicts attendant to the quest for scientific certainty and the formulation of regulatory policies. Within the framework of the constitution and a pluralistic political process, the Congress and the executive branch, not the judiciary, are the legitimate and primary institutions for assessing, structuring, and resolving science-policy issues posed by industrial and technological developments. 170 references.
- Research Organization:
- Univ. of Virginia, Charlottesville
- OSTI ID:
- 6883188
- Journal Information:
- J. Energy Law Policy; (United States), Journal Name: J. Energy Law Policy; (United States) Vol. 4:1; ISSN JELPE
- Country of Publication:
- United States
- Language:
- English
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