Judicial Activism: Bulwark of Freedom Or Precarious Security?

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Rowman & Littlefield, 1997 - Law - 149 pages
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In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University
 

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Contents

Framing the Issue
1
Some Conventional Guidelines
2
An Alternative Approach
5
Conclusion
31
The Constitution and the Need for Adaptation
33
The Response
40
Judicial Review and Democracy
47
The Democratic Character of Judicial Activism
49
Democracy and the Indirect Effects of Judicial Review
99
Defense of Judicial Activism
103
Renewed Criticism
106
Conclusion
110
Conclusion
111
A Final Word
115
Notes
119
Selected Bibliography
143

Critique of the Courts Democratic Credentials
55
Judicial Review and Good Government
69
Renewed Criticism of Judicial Activism
79
Good Results and Special Abilities
94
Index
147
About the Author
151
Copyright

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About the author (1997)

Christopher Wolfe, professor of political science at Marquette University, is a highly regarded scholar of constitutional law and political theory. He is the author of The Rise of Modern Judicial Review (second revised edition, Rowman & Littlefield, 1994) and How to Read the Constitution (Rowman & Littlefield, 1996).

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