Judicial Activism at Law & Society Weblog
Check out Prolegomena to a Systems-Theoretical Theory of Judicial-Activism Claims over at Law & Society Weblog. Here's a taste:
- The serious core of my posts is this: If a charge of judicial activism is made, we should first demand to hear how the court got it wrong (and no political arguments allowed, only legal arguments). If little or nothing is forthcoming on that end, it will take a very strong additional argument to show why the court should have gotten it wrong, to support the claim of judicial activism.
