Myths of Judicial Activism
Timothy Sandefur on Dec 29th 2006
My working paper, The Wolves and the Sheep of Constitutional Law: A Review Essay on Kermit Roosevelt’s The Myth of Judicial Activism, is now available on SSRN. In it, I discuss the debate over “judicial activism” and why Roosevelt, like Bork and Steven Breyer, fail to grasp the most essential element of the debate: namely, that the American Constitution was designed to protect liberty, not democracy, as a fundamental good.
Update: the article does have several typos and other minor errors…. That’s why it’s a working paper.
Filed in The Bench