In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. -Stanley C. Brubaker, Colgate University
In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. -Stanley C. Brubaker, Colgate University
Chapter 1 Introduction Chapter 2 Framing the Issue Chapter 3 The Constitution and the Need for Adaptation Chapter 4 Judicial Review and Democracy Chapter 5 Judicial Review and Good Government Chapter 6 Democracy and the Indirect Effects of Judicial Review
Christopher Wolfe, professor of political science at Marquette University, is a highly regarded scholar of constitutional law and political theory. He is the author of The Rise of Modern Judicial Review (second revised edition, Rowman & Littlefield, 1994) and How to Read the Constitution (Rowman & Littlefield, 1996).
A thoughtful and illuminating analysis of one of the most
influential policy making institutions in contemporary government.
Scrupulously fair in his description of the arguments for and
against judicial activism, Wolfe presents the political and
constitutional debate over the democratic character of judicial
review in rich historical detail.
*Herman Belz, University of Maryland*
Professor Wolfe has done something remarkable: put analytical rigor
into the concept of judicial activism. The result is an
extraordinarily penetrating analysis and critique of the
Judiciary's usurpation of democratic authority.
*Robert George, Princeton University*
Wolfe offers a lucid summary of the main arguments on judicial
activism—both pro and con. He presents an intellectually honest
dialectic between the traditional and modern views, stability
versus change, legal interpretation versus legislating. Wolfe's
book is destined to loom large in constitutional scholarship.
*Henry J. Abraham, University of Virginia*
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