The role of courts and judicial processes in policy-making is an important question not only in this nation but in many others throughout the world. We have extensive scientific knowledge of judicial processes in the U.S., but relatively little empirical work has been done in other countries. The scientific questions are especially important in light of the many newly democratized nations currently engaged in constitution-making and the increasing prominence of courts in policy-making processes throughout the world. These questions include: the extent of activist constitutionalism in democracies, the role orientations of judges, the role of interest groups and the legal profession in the creation of a judicial agenda, the extent and structure of interest group conflict, which interests are served and which are not served in the judicial arena, and the judicial control of constitutional and other rights claims. The extent of change in the political role of courts can be assessed by analyzing the extent of change in the judicial agenda over time because politically activist courts in effect invite certain kinds of issues to resolve. It is important to ask, therefore, what is the mix of traditional and new issues, which issues are claiming an increasing place on the agenda, and what interest groups are pressing them. This doctoral dissertation will examine changes from 1960 to 1990 in the nature of issues considered by courts of last resort in Canada, England, India and the United States. In addition, the study will assess the relationship between agenda change and other theoretically important developments in the political system of the four countries. Three issues will be examined in greater detail: environmental policy, in particular water pollution policy; women's rights, especially in employment; and press censorship. Data on case issues and decisions will be collected and coded from the official court reports of each country. Judicial biographies and memoirs, as well as scholarly analyses of judicial careers, will be examined for information on judicial role orientations. Semi- structured interviews will be conducted with representatives of the interest groups involved in raising each of the three issue areas. This research will make an important contribution to our theoretical understanding of judicial processes across political systems, in addition to adding significantly to our store of scientific data on courts. It will provide the basis for a broader understanding of the relationship between judicial processes and policy-making in any political system.
