A notable characteristic of American federalism is that domestic policy has been substantially determined by the courts. The judiciary has introduced its own social morality to ensure reasonable access to services for minority groups.
The concept of judicial policy making has found no greater expression than in the field of mental retardation where the service provided has been largely mandated by judges.
5 Amicus 24 (1980)
Scholarly Commons Citation
Gostin, Lawrence O., "International Year of Disabled Persons: The Institution in England and Wales" (1980). Georgetown Law Faculty Publications and Other Works. Paper 1821.