In particular, I contend that the founders were believers in judicial restraint or judicial deference, while Root argues for a kind of libertarian judicial activism in defense of individual rights.
On the other side, conservatives (like me and Ramesh Ponnuru) contend that judicial deference or restraint is appropriate because it is the kind of exercise of the judicial power that the American ...
Unfortunately, recent judicial overreach threatened to undo this carefully crafted legislation. Last year, a Varanasi court allowed a "scientific" survey of the Gyanvapi Mosque, excluding the ...
In that sense, it resembles other second-order values in interpretation such as judicial restraint. A judge committed to restraint will invalidate democratic choices only when the Constitution is ...