Open Access. Powered by Scholars. Published by Universities.®

Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Courts

Selected Works

2015

Michael Heise

Articles 1 - 1 of 1

Full-Text Articles in Jurisprudence

Preliminary Thoughts On The Virtues Of Passive Dialogue, Michael Heise Feb 2015

Preliminary Thoughts On The Virtues Of Passive Dialogue, Michael Heise

Michael Heise

The judicial, legislative, and executive branches interact in many ways. These interactions fuel a constitutional dialogue that serves as a backdrop to myriad governmental activities, both large and small. The judiciary's participation is necessary, desirable, and, as a practical matter, inevitable. In my article I analyze two competing models that bear on the normative question: What form should the judiciary's participation take? Debates over the judiciary's appropriate role in the public constitutional dialogue have captured scholarly attention for decades. Recent attention has focused on a growing distinction between the active and passive models of judicial participation. My ...