Category: judicial activism

Unravelling the Damage Inflicted by Past Judicial Activism

July 4, 2023
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Commentary Judicial activism. The role of the democratic legislature. The separation of powers. The creative tensions between the two. They are all substantive issues vitally important to the proper functioning of our body politic. It is right and proper that those who make the laws are not the interpreters of those laws. So we have…

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How an Increasingly Politicized Supreme Court Threatens Brazil’s Democracy

July 6, 2022
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Commentary When the then head of the top electoral court in Brazil, Supreme Court Justice José Dias Toffoli, officially declared Jair Bolsonaro the winner of the 2018 presidential elections, he made this unusual pronouncement: “The future president must respect institutions, must respect democracy, the rule of law, the judiciary branch, the National Congress, and the…

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Rethinking Judicial Activism

June 27, 2021
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Commentary It’s time for us as conservatives to rethink our judicial philosophy. For nearly 40 years, going back to the Robert Bork nomination in the 1980s, conservatives and Republicans have affirmed a philosophy of judicial restraint, in opposition to the liberal or progressive philosophy of judicial activism. But the latest Supreme Court decision in Fulton…

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