Regulation through litigation

Regulation through litigation refers to changes in society (particularly those that affect industries) brought about by litigation, rather than legislation or regulation. Some critics of regulation through litigation cite the constitutional doctrine of separation of powers, arguing that rules that govern society as a whole should be rooted solely in laws enacted by legislative bodies. By corollary, the judicial and executive branches should properly be limited in their powers with regard to the law: the judicial in interpreting the laws, and the executive in enforcing the laws. Critics of regulation through litigation include members of industry and public-service professions; some would argue that as potential defendants, their opposition is based more in self-interest than in policy conc

Regulation through litigation

Regulation through litigation refers to changes in society (particularly those that affect industries) brought about by litigation, rather than legislation or regulation. Some critics of regulation through litigation cite the constitutional doctrine of separation of powers, arguing that rules that govern society as a whole should be rooted solely in laws enacted by legislative bodies. By corollary, the judicial and executive branches should properly be limited in their powers with regard to the law: the judicial in interpreting the laws, and the executive in enforcing the laws. Critics of regulation through litigation include members of industry and public-service professions; some would argue that as potential defendants, their opposition is based more in self-interest than in policy conc