Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Ethic of place (1)
- Executive power (1)
- Federal courts (1)
- Federal judicial self-restraint (1)
- Indians (1)
-
- Judicial activism (1)
- Judicial philosophy (1)
- Judicial restraint (1)
- Judicial review (1)
- Judiciary (1)
- Legal history (1)
- Legal reasoning (1)
- Legislative process (1)
- Political process (1)
- Separation of powers (1)
- State courts (1)
- Washington state (1)
- Water resources management (1)
- Western water law (1)
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Legal History
Judicial Activism: The Good, The Bad, And The Ugly, Arthur D. Hellman
Judicial Activism: The Good, The Bad, And The Ugly, Arthur D. Hellman
Articles
No matter how judges are selected, sooner or later some unfortunate candidate will be labeled a "judicial activist." One has to wonder: Does the term have any identifiable core meaning? Or is it just an all-purpose term of opprobrium, reflecting whatever brand of judicial behavior the speaker regards as particularly pernicious? Implicit in this question are several important issues about the role of courts in our democratic society.
I take my definition from Judge Richard Posner, who describes activist decisions as those that expand judicial power over other branches of the national government or over state governments. Unlike other uses …
Western Water: The Ethical And Spiritual Questions, Charles Wilkinson
Western Water: The Ethical And Spiritual Questions, Charles Wilkinson
Publications
No abstract provided.