Increased and Accessible Judicial Rulemaking
Parness, Jeffrey A.
Keller, Bruce Elliot
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This Article discusses the problems which result from vesting the authority for making procedural rules governing the Illinois courts in both the General Assembly and the Illinois Supreme Court. After examining the constitutional history and applying policy rationales, the Article suggests that the constitution should give various types of primary authority for judicial rulemaking to the judiciary, with only secondary authority afforded to the legislature.