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Judicial Activism
Judicial activism is a term used in the United States that is open to some controversy concerning its true meaning. Its meaning before the 1990's was taken to be a pejorative term for misuse of judicial power for the purpose of obtaining a predetermined judgement based on the political convictions of the judges without regard to the U.S. constitution, written law or legal precedent. After the year 2000 it was adopted by members of the opposition party to mean the appointment of judges for the purpose of political expediency.
Judicial Decision Making Does Not Require Judicial Activism: A Response to Prof. Althouse
Ann Althouse, a law professor at the University of Wisconsin, has written an interesting (but flawed) piece arguing that "judicial activism" on abortion will not disappear if the Supreme Court reverses Roe v...
"In Defense of Judicial Activism: D.C. v. Heller and the failures of conservative judicial restraint."
"In Defense of Judicial Activism: D.C. v. Heller and the failures of conservative judicial restraint." Damon W. Root has this essay online at Reason.
Judicial activism
The common law is an interesting and organic beast. To explain: our basic system of law is judge-made law. The common law became somewhat inflexible in medieval times, and thus many litigants started appealing to the King...
The Myth of Judicial Activism
That's the title of Penn Law prof Kermit Roosevelt's latest book. It's reviewed in the upcoming National Law Journal by Stewart Harris...
Conservative Judicial Activism
Here is a distressingly easy hypothetical. Police say they want to question you about your involvement in a crime. You say, "I plead the Fifth...
Balkin on Judicial "Activism"
In an interesting (and lengthy) think piece, Jack Balkin explores "judicial restraint in a system of judicial review...
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