Judicial Activism and Fidelity to Law
in Luís Pereira Coutinho/Massimo La Torre/Steven D. Smith (eds.), Judicial Activism: An Interdisciplinary Approach to the American and European Experiences, Springer: Berlin, 2015
24 Pages Posted: 16 Nov 2018
Date Written: 2015
This Essay contrasts three accounts of judicial fidelity to law, labeled ‘legalism’, ‘idealism’ and ‘pluralism’. It then explores the more persuasive model of adjudication ― pluralism ― in greater depth, examining five fundamental principles of the law both in general theory and in the exemplary context of stare decisis. This framework is deployed to outline a typology of judicial activism comprising three varieties. A final section focuses briefly on the special case of judicial review of legislation.
Keywords: Judicial Activism, Fidelity to Law, Models of Adjudication
Suggested Citation: Suggested Citation