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	Judicial activism - Conservapedia
		Judicial activism is when courts do not confine themselves to reasonable interpretations of laws, but instead create law.
		Alternatively, judicial activism is when courts do not limit their ruling to the dispute before them, but instead establish a new rule to apply broadly to issues not presented in the specific action.
		The Warren Court was prominent for engaging in judicial activism or, in a stronger version of the term, judicial supremacy.
	www.conservapedia.com /Judicial_Activism (306 words)

	Judicial Activism Reconsidered
		At the heart of the concern over judicial activism is the fear that the judge will impose his own personal preferences in his decisions, to such an extent as to ultimately negate the very meaning of law as a body of known rules to guide individual and social conduct.
		The controversies which rage over judicial activism are controversies as to the extent to which jurists decide cases on grounds extrinsic to the Constitution, and in particular on grounds counter to the Constitution.
		While judicial activism is in principle adaptable to any ideological program—and in practice likely to be adopted by its current ideological enemies if it proves to be politically unstoppable—it is nevertheless "no accident" that the principled argument for judicial activism has been made largely by those with a particular social vision.
	www.amatecon.com /etext/jar/jar.html (11465 words)

	Judicial Activism
		Judicial creativity may yield good results if it is the result of principled activism but if it is propelled by partisanship, it may result in catastrophic consequences generating conflicts which may result in social change.
		Fidelity to a political or social philosophy not discernible from the constitutional objectives in the discharge of judicial functions is not judicial activism; it is subversion of the Constitution.
		Judicial activism characterised by moderation and self-restraint is bound to restore the faith of the people in the efficacy of the democratic institutions which alone, in turn, will activate the executive and the legislature to function effectively under the vigilant eye of the judiciary as ordained by the Constitution.
	www.geocities.com /bororissa/jud.html (4379 words)

	Judicial Activism Reconsidered
		But it is by no means clear from the empirical record that judicial activism in the area of ethnic minority issues, for example, has improved these groups' over-all economic position vis-a-vis the society as a whole, and substantial evidence that poorer minorities have fallen further behind as judges have bent the law to advance them.
		While judicial activism is in principle adaptable to any ideological program-- and in practice likely to be adopted by its current ideological enemies if it proves to be politically unstoppable-- it is nevertheless "no accident" that the principled argument for judicial activism has been made largely by those with a particular social vision.
		The more general argument for judicial restraint is that, even when imperfectly observed, it has maintained a political legitimacy and public support which have enabled constitutional democracy to survive for two hundred years, while more ambitious forms of government have come and gone-- or have been able to survive only by draconian methods.
	www.tsowell.com /judicial.htm (12540 words)

	Intro to Judicial Philosophy - Restraint
		In that context, activism is considered a threat to the values of stability and predictability, whereas restraint is the only judicial philosophy that preserves those values--values which are paramount to the proper maintenance of a majoritarian system such as our own.
		But however it is referred to, judicial restraint can always be characterized as a judicial philosophy which reviews law, rather than "make" it; defers to the democratically elected representatives of government; and holds in highest regard the intent of the framers of the Constitution, as well as the language of that document.
		Advocates of judicial restraint often argue that judicial activism is a repudiation of the admittedly important values of stability and predictability in law.
	www.emunix.emich.edu /~jcooper/emlaw/unit2_philr.html (1015 words)

	What Exactly Is Judicial Activism? -- 03/07/2001
		Judicial activism describes the way a judge reaches a decision, not the decision he reaches.
		It's judicial activism, he says, because "the Supreme Court decided that it had more power than the people's branch of government, Congress." He says it's judicial activism for the Supreme Court to strike down a statute.
		Judicial activism is a huge problem, and the Florida recount mess finally exposed it and its enormous consequences.
	www.cnsnews.com /Commentary/Archive/200103/COM20010307b.html (838 words)

	A Cheer for Judicial Activism
		By contrast, judicial activism -- defined as courts holding the president, Congress, and state and local governments to their constitutional boundaries -- is essential to protecting individual liberty and the rule of law.
		Advocates of judicial deference contend that courts are ill-equipped to second-guess legislative determinations.
		While judicial activism is the subject of spirited attack, the far greater problem is judicial abdication of its core constitutional duty to protect individual rights.
	www.cato.org /pub_display.php?pub_id=8168 (1403 words)

	Times & Seasons » Judicial Activism
		A fascinating op-ed in the New York Times discusses the idea of “judicial activism.” The authors suggest that one measure of activism is the amount of times a judge votes to invalidate legislation passed by Congress.
		Judicial activism is straying from the text of the Constitution for determinative principles in deciding cases.
		Given that judicial rulings are at some point incapable of appeal, one wrong turn would doom the judiciary to either continued wrongs in the favor of following their set course or judicial activism.
	www.timesandseasons.org /index.php?p=2393 (13571 words)

	Althouse: "No Exit: Judicial activism is inevitable."
		Leave aside that a judiciary free from judicial activism is an ideal that is not held by all; even if there was unanimity in holding that ideal, since humans are flawed creatures, the ideal would never be recognized.
		I think the op-ed makes a useful point about the limitations of the phrase "judicial activism." Properly understood, I think judicial activism means judges using their rulings to effect political results beyond what is fairly necessary to decide the case at hand.
		To me, judicial activism is simply a description of those situations where a judge enacts his own personal agenda under the guise of a judicial decsion.
	althouse.blogspot.com /2006/10/no-exit-judicial-activism-is.html (5600 words)

	The Myth of Judicial Activism - Bench Conference
		Another month, another kerfluffle over the phrase "judicial activism." Instead of accepting reality and conceding that it is a silly, pointless phrase not worthy of being defined or refined, the right and the left and the center this week find themselves fighting again over...
		What is true- and what this episode certainly doesn't disprove-- is that the phrase "judicial activism" ought to be retired to the dumpster of legal and political history, along with the phrases "fellow traveler" and "hippee." As a description, it never had any real meaning.
		September 14, 2006 12:21 AM "Judicial Activism" - in the sense of reinterpreting an existing law to accommodate any hitherto unmentioned valid aspect of it or overruling a Supreme Court precedent or the strinking down of state or a federal law - are logically enough the 'true functionalities' of a judiciary.
	blog.washingtonpost.com /benchconference/2006/09/the_myth_of_judicial_activism.html (1401 words)

	Judicial Usurpation and the Constitution: Historical and Contemporary Issues
		Judicial power can be used, and has been used, for both good and ill. However, in a basically just democratic republic, judicial power should never be exercised lawlessly--even for desirable ends.
		When this claim is false, a judicial edict is not redeemed by its good consequences, for any such edict constitutes a usurpation of the just authority of the people to govern themselves through the constitutional procedures of deliberative democracy.
		We should remember, though, that while it stands as an example of judicial activism in defiance of the Constitution, it is also possible for judges to dishonor the Constitution by refusing to act on its requirements.
	www.heritage.org /Research/LegalIssues/hl871.cfm (3924 words)

	Indiana Family Institute
		Judicial Activism occurs when judges place their duty to interpret the Constitution and the laws of the United States as secondary to a social outcome they wish to produce.
		This seemingly compassionate use of Judicial Activism is a wolf in sheep’s clothing.
		In order to slay this beast of Judicial Activism, the Congress (in whom the Founders assigned the most power) must awaken, reject its union through inaction with the judiciary and use its constitutionally assigned powers for the purpose of checking and balancing the judiciary.
	www.hoosierfamily.org /public_policy/Activism.php (963 words)

	Westlaw Download Summary Report for UNIV OF HONG KON 3175798
		When using "judicial activism" to describe the process of ignoring or disregarding precedent, two important distinctions must be made, both of which are related to the source of the precedent.
		McWhinney notes that judicial self-restraint, at least for Justice Frankfurter, "is predicated on the rule of reason--unless the Court can say that reasonable men could not possibly have passed the legislation in question, the Court irrespective of its own views on the legislation, must uphold it." McWhinney, supra note 58, at 848.
		Judicial self-restraint, he explains, "involves the resort to legal relativism," and "seems to run the risk of too frequently reducing to an unconscious and therefore (since the weighing of policy alternatives requisite to an informed decision is necessarily absent) rather inefficient form of policy-making." Id. at 850.
	www.constitution.org /lrev/kmiec/judicial_activism.htm (10447 words)

	PENNumbra
		The charge of activism relies on the idea that there is a clear answer that judges are ignoring (and therefore that they must be motivated by something other than a good faith desire to apply the Constitution).
		It seems to me that “judicial activism” might be salvaged, and used as a way of identifying and criticizing decisions—such as, in my view, Casey—that fail to demonstrate this virtue.
		They define activism in such a way that it is both objectively identifiable and fairly common: activism is voting to strike down a state or federal law or to overturn a prior precedent.
	www.pennumbra.com /debates/debate.php?did=3 (5057 words)

	A discussion on 'judicial activism' \| The San Diego Union-Tribune
		And it was hypocrisy in reverse for some California Democrats to urge judicial restraint in Bush but laud federal judicial activism to postpone the gubernatorial recall election.
		The judicially activist side in the case was the condemnation-opposing dissent – which swam upstream against 70 years of property rights precedents and proposed a more active judicial role in riding herd on land-use officials.
		A second requirement for an honest discussion of judicial activism is a willingness to grapple with core questions that have long remained unanswered.
	www.signonsandiego.com /uniontrib/20050912/news_mz1e12smith.html (802 words)

	Intro to Judiicial Philosophy - Activism (Site not responding. Last check: )
		The activist will typically view democracy as "instrumental." i.e., it is a synergystic system in which the judicial branch should exercise as much power as it needs to to ensure the service of justice.
		When legal scholars and observers explain the strenghts of activism, they point out that federal judges and Justices are appointed with tenure for life.
		In the area of constitutional law, the judicial activist views the Constitution as a living, dynamic document which must necessarily be interpreted to meet the needs of the current age.
	www.emunix.emich.edu /~jcooper/emlaw/unit2_phila.html (365 words)

	Rooftop Report: Judicial Activism (Site not responding. Last check: )
		Judicial activism means the courts stepping outside the bounds of the law to essentially legislate from the bench (i.e., making stuff up).
		Wade is a good example of judicial activism, wherein the Court utilized an unwritten constiutional right to privacy to discover (it was hidden in penumbras and such) a constitution right to abortion.
		If they weren't, they weren't hoping for anything, because the only way their law would have changed things was if an activist judge overstepped his bounds, and the law, to order the reinsertion of the tube.
	rooftopreport.com /rooftopreport/archives/001643judicial_activism.php (439 words)

	AnnCoulter.com - Archived Article: ACTUALLY, 'JUDICIAL ACTIVISM' MEANS 'E=mc2'
		If Americans loved judicial activism, liberals wouldn't be lying about what it is. Judicial activism means making up constitutional rights in order to strike down laws the justices don't like based on their personal preferences.
		But liberals have recently taken to pretending judicial activism is — as The New York Times has said repeatedly — voting "to invalidate laws passed by Congress." Invalidating laws has absolutely nothing to do with "judicial activism." It depends on whether the law is unconstitutional or not.
		The left's redefinition of judicial activism to mean something it's not allows liberals to claim they oppose judicial activism and to launch spirited denunciations of conservative judges as the real "judicial activists." This is the Democrats' new approach to winning arguments: Change the definition of words in mid-argument without telling the guy you're arguing with.
	www.anncoulter.org /cgi-local/article.cgi?article=76 (755 words)

	judicial activism,judicial activism in india,what is judicial activism,conservative judicial activism,definition of ...
		judicial activism,judicial activism in india,what is judicial activism,conservative judicial activism,definition of judicial activism
		Judicial activism is a popular phrase to describe the tendency of the courts to supervise administrative matters of the government.
		In such cases, the courts directed the government to improve the quality of roads, the condition of our environment etc. This is generally called judicial activism.
	www.india4world.com /indian-law/judicial-activism.shtml (111 words)

	What is Judicial Activism?
		Judicial activism is the term used to describe the actions of judges who go beyond their constitutionally prescribed duties of applying law to the facts of individual cases, and "legislate" from the bench.
		Judicial activism occurs when a judge wants to change the rules of the game, a constitutionally granted responsibility that belongs only to the legislature.
		Wade decision, however, the Supreme Court, building upon the judicially created "right of privacy" announced in its Griswold decision6 several years earlier, created a new right to abortion on demand applicable to all 50 states.
	www.family.org /socialissues/A000000653.cfm (1237 words)

	Conservative Truth - Massachusetts Gay Marriage Ruling: Judicial Activism in Action - W. James Antle III - 2003-12-01
		Whenever strict constructionists decry judicial activism on the part of the courts, partisans of the imperial judiciary and its typically liberal agenda are quick to dismiss such concerns with a question: “Judicial activism?
		Our political system as designed by the Founding Fathers divides power between executive, legislative and judicial branches and does not empower judges to summarily overturn laws they disagree with on policy grounds and replace them with something closer to their own views.
		Judicial activism is real and it has produced many jurists who see themselves less as judges than philosopher-kings ready to rule and dispense their wisdom to the great unwashed masses.
	www.conservativetruth.org /article.php?id=2027 (631 words)

	The Washington Monthly
		Judicial activism is when judges do not interpret the law but make the law.
		What authority are people referencing when they decide what "judicial activism" is? This discussion sounds like a bunch of folks making up their own definition because a "scientific" one doesn't actually exist.
		And the measure of judicial activism is willingness to ignore the constitution, whether that means upholding unconstitutional legislation or overturning constitutional legislation.
	www.washingtonmonthly.com /archives/individual/2005_11/007466.php (13965 words)

	BAR ASSOCIATION OF INDIA LECTURE 1997 NEW DELHI HILTON HOTEL 6 JANUARY 1997 JUDICIAL ACTIVISM
		The history of the Supreme Court of the United States teaches that judicial activism is not confined to a particular ideological or social viewpoint.
		To argue against judicial activism is not to make the mistake of believing that the judge's role especially in appellate tribunals like the High Court is anything other than creative.
		Judicial assertions that a particular reform is up to Parliament ring rather hollow in the ears of those who hear them.
	www.hcourt.gov.au /speeches/kirbyj/kirbyj_indialt.htm (7553 words)

	Paul Helmke: Taking Aim at Judicial Activism - Politics on The Huffington Post
		Now those judicial activists are at it again.
		District of Columbia is judicial activism at its worst:
		This decision is wrong on the law, wrong on the history, and substitutes decision-making by elected officials with the preferences of a slim judicial majority.
	www.huffingtonpost.com /paul-helmke/taking-aim-at-judicial-ac_b_43486.html (745 words)

	BluegrassReport.org: Judicial Activism (Site not responding. Last check: )
		Because judicial activism is a vague concept, she applied a reasonable, objective standard.
		The average citizen claiming outrage about "judicial activism" makes about as much sense as the average citizen discussing brain surgery - they have an opinion about a topic on which they know nothing, or in some cases less than nothing, as they have opinions with not even a modicum of fact attached.
		We are a nation of sheep, and that this issue - judicial activism - is being discussed by the sheep as if they actually know anything about it or have a personal stake in it, shows just how ovine we really are.
	www.bluegrassreport.com /bluegrass_politics/2006/09/judicial_activi.html (2114 words)

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