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Judicial Activism And Restraint In The Supreme Court's Environmental Law Decisions, Richard E. Levy, Robert L. Glicksman

Vanderbilt Law Review

The proper role of the courts in our system of government has long been the source of considerable controversy. Proponents of "judicial activism" argue that because only the courts are insulated from political pressures, courts should exercise the judicial power broadly in the constitutional context to ensure that legislation is consistent with constitutional norms. Likewise, the argument continues, judicial activism is necessary in the regulatory context to ensure that administrative agencies implement statutory objectives. In contrast, proponents of"judicial restraint" argue that the legislative and executive branches alone should make public policy because only these branches are responsive to the electorate. …