Cato Institute
David's hammer; the case for an activist judiciary.
Recriminations of "judicial activism," the overturning of congressional laws or executive regulations, have become a rallying cry on the right and, although to a lesser extent, on the left, although, according to Bolick (Goldwater Institute Center for Constitutional Litigation), these cries are typically raised only when court decisions go against preferred policy outcomes. Even worse, he argues, the arguments against judicial activism, perhaps justified in individual cases here and there, are flawed overall and tend to undermine the vital role of the judiciary as a check on the other two branches of government. He reviews what he sees as the positive role of judicial review in American history, paying particular attention to recent Supreme Court decisions in the areas of economic liberty, private property rights, and school choice. (Annotation ©2007 Book News Inc. Portland, OR)
