Active Judicial Governance

11 Pages Posted: 4 Dec 2018

Date Written: November 2018


Evidence marshaled in a new article by Jonathan Marshfield suggests strongly that unlike judges of U.S. federal courts, judges of American state supreme courts both recognize and embrace their role as active participants in the process of indirect popular self-rule. Consequently, they much more willingly serve as active and self-conscious vectors of governance. This is not to say that state judges lack appropriate judicial humility; it is to say merely that they possess a different and more nuanced understanding of the role of courts in American government than some of their federal counterparts.

Keywords: state constitutional law, federalism, constitutional change

Suggested Citation

Gardner, James A., Active Judicial Governance (November 2018). 51 New Eng. L. Rev. 545 (2018); University at Buffalo School of Law Legal Studies Research Paper No. 2018-007. Available at SSRN:

James A. Gardner (Contact Author)

University at Buffalo Law School ( email )

Room 514, O'Brian Hall
Buffalo, NY 14260-1100
United States
716-645-3607 (Phone)
716-645-2064 (Fax)


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