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| | RETHINKING CONSTITUTIONAL LAW |
 | | At the turn of the century, judicial interventionism was associated with the efforts of conservative justices to safeguard business and industry from excessive regulation, and political liberals and progressives championed the cause of judicial deference. |
 | | Although the case against judicial interventionism hinged upon a strong argument for judicial deference, conservative justices have, on occasion, engaged in conservative judicial interventionism. |
 | | The functional defense for nonoriginalist interventionism presumes, first, that originalism is not the only legitimate justification for judicial interventionism, and, therefore, that an interventionist judiciary is both legitimate and positive because it enhances the performance of government by improving decision making. |
| www.unt.edu /lpbr/subpages/reviews/maltz.htm (1984 words) |
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