联邦法院的官僚化——公正与效率的张力

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【作者】埃尔文.B.鲁宾

【内容提要】

Today Congress is beset by pressing concerns. More important than many immediate matters is the kind of courts that will interpret our Constitution and federal statutes in the years 1990 and 2000. The courts must have the capacity to do the work the Constitution assigns to them and the nation expects, and they must have the ability to do that work effectively. They must be staffed by judges who have both the judicial competence and the time to be judges, not high-level bureaucrats. If we drift with the times and respond only to needs as they arise, we will by 1990 have spawned a vast judging machine. It may run smoothly. We hope so. It may be honest and capable. We hope so. But unless some basic problems are considered and solved, our judicial branchwill become increasingly faceless and anonymous. The President will nominate, the Senate will consent but the bureaucracy will decide. If this is to be averted, now is the time to act.
 

【关键词】Bureaucratization ,Federal Courts,Justice and Efficiency

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