Law Administrative / Constitutional Law

Principled Judicial Restraint: A Case Against Activism

By Jerold Waltman
Palgrave Macmillan July 2015

Specifications

ISBN-13
9781137490650
Publisher
Palgrave Macmillan
Publication
July 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Many Americans believe that judicial activism is standard procedure on the modern Supreme Court. Political scientist Jerold Waltman asserts that justices routinely call for restraint when they disagree with specific majority decisions, but they then blithely abandon that position when it suits their purposes.

Such calls for restraint are therefore unprincipled. In response, many people have argued that the Court should adopt a more restrained posture across the board, usually appealing to one of two ideas: the inherently undemocratic character of the Supreme Court or the likelihood that the Court is damaging its legitimacy by wading into so many controversial political issues.

This book contends that what is sorely needed is a revised-actually a resurrected-constitutional theory that will delegitimize activism, or at least most of it, whether of the liberal or conservative variety.

Table of Contents

1. Where We Are Now
2. How We Got Here
Part 1: From the Old Activism to the Warren Court
3. How We Got Here
Part 2: The Rise of Conservative Judicial Activism
4. A Constitutional Theory of Judicial Restraint
5. Objections
6. Conclusion
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