19 Pages Posted: 7 Dec 2005
This essay attempts to highlight the core issues in the debate about judicial activism by focusing on an institutional analysis. It argues that judicial activism is neither an unmitigated evil nor an unassailable good. Instead, judicial activism should be seen as a necessary component of our system of institutional checks and balances. Viewed in this light, the salient issue should be how to properly constrain this necessary tool so it can most efficiently achieve its function.
Suggested Citation: Suggested Citation
Lavoie, Richard, Activist or Automaton: The Institutional Need to Reach a Middle Ground in American Jurisprudence. Albany Law Review, Vol. 68, No. 3, 2005; U of Akron Legal Studies Research Paper No. 05-25. Available at SSRN: https://ssrn.com/abstract=864244