The Rhetoric of Judicial Critique: From Judicial Restraint to the Virtual Bill of Rights

61 Pages Posted: 7 Aug 2013

See all articles by Michael J. Gerhardt

Michael J. Gerhardt

University of North Carolina School of Law

Date Written: 2002

Abstract

Professor Michael Gerhardt traces the rhetoric employed by national leaders and commentators over the past century to describe popular conceptions of the judicial function. In particular, Professor Gerhardt examines the evolution of the terminology used in popular and political rhetoric, revealing their inconsistent application to political ideologies through time. Professor Gerhardt argues that such shifts in usage correspond with transfers of power between the political authorities controlling the central interests at stake in constitutional adjudication. Professor Gerhardt applies the shortcomings of traditional political rhetoric to the issues surrounding technological advancements, concluding that the proper treatment of technology by the Supreme Court in the twenty-first century will require recognition of the complex consequences posed by these advances.

Suggested Citation

Gerhardt, Michael J., The Rhetoric of Judicial Critique: From Judicial Restraint to the Virtual Bill of Rights (2002). William & Mary Bill of Rights Journal, Vol. 10, No. 3, 2002. Available at SSRN: https://ssrn.com/abstract=2306723

Michael J. Gerhardt (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

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