Sentences with phrase «a-constitutional judicial activism»

If I were the president, I would take the partisan judicial activism masquerading as constitutional principle route, no matter what the Court decides.

So the very important posts below by Carl, Pete, and Kate are all about the harm unconstitutional or a-constitutional judicial activism does to our political life.

The modern issue of «judicial activism» is, accordingly, tied up with a very different set of historical and legal assumptions, specific to the American context.

Although the courts strongest critics are often conservatives, the prospect of judicial activism should concern liberals and progressives too.

It's helpful first to define the popular term «judicial activism,» which is often used in the debate, though in varying ways.

A politics of reason gave way to a politics of emotion and flirted with the politics of irrationality; the claims of moral reason were displaced by moralism; the notion that all men and women were called to live lives of responsibility was displaced by the notion that some people were, by reason of birth, victims; patriotism became suspect, to be replaced by a vague internationalism; democratic persuasion was displaced by judicial activism.

George, I've noticed, is getting more libertarian, even embracing the libertarian brand of judicial activism.

Will traditional marriage follow the path of preborn life — an issue moving from judicial activism and socially elite proclamations that a generational shift was «inevitable» and «the debate is over» to our day decades later where the youngsters are more right minded about abortion than their parents.

But they aren't egregious examples of JUDICIAL ACTIVISM.

Actually, the Heritage people, with good reason, are calling for more judicial activism or, maybe to be more precise, judicial assertiveness.

So the Supreme Court, when it practices judicial activism, undercuts democratic participation not only by substituting its own assertoric judgment for democratic deliberation, or by ignoring the plain letter of the constitution in favor of its own political inclinations, but also by understanding itself as a council of philosopher kings (versus really good lawyers) prudentially adjusting the fundamental nature of American democracy to fit the ever changing historical horizon that provides the context for its expression.

The the Heritage experts go on to give five «egregrious» examples of judicial activism over the past decade.

Over at No Left Turns, Peter Lawler reminds us that part of the problem with an unrestrained judicial activism is precisely its championing of the ever expanding rights of the Lockean individual — the essential premise of Texas v. Lawrence is that the word «liberty» as used in the Fourteenth Amendment is an indeterminate concept meant to be expanded indefinitely by the Supreme Court.

Anthony Lewis on judicial activism and majority rule, International Herald Tribune, January 7, 2000.

Rather than sharing the room with a large elephant while he discusses whether BP is overpaying for its spill, I would like to see Olson first defend the mess he made of democracy in California while sharing the stage with conservative luminaries who have yet to embrace judicial activism.

My relatively nonpartisan definition of JUDICIAL ACTIVISM has to do with an objection to «natural rights» or any other kind of «rights / liberty» jurisprudence — whether it flows from Randy Barnett or Rawls or Hadley Arkes.

The law he wants to defend against judicial activism isn't popular.

Of course, judicial activism is an old problem, undemocratic and arbitrary, placing monumental decisions in too few hands.

The key Obama quote: «I'd just remind conservative commentators that for years what we've heard is, the biggest problem on the bench was judicial activism or a lack of judicial restraint — that an unelected group of people would somehow overturn a duly constituted and passed....

This is part of the issue of «judicial activism,» on which Alexander Bickel, in The Least Dangerous Branch, was so eloquent a spokesman on behalf of the Court's «passive virtues.»

That's the kind of judicial activism that produced Roe v. Wade.

The emptiness facilitated by Will's basically apolitical brand of libertarian judicial activism is what pushes us most forcefully down the road to serfdom.

Paul Gigot on effort to limit judicial activism, Wall Street Journal, March 7, 1997.

I realize that JUDICIAL ACTIVISM is a murky and partisan phrase.

«I just remind conservative commentators that for years we have heard the biggest problem on the bench was judicial activism or a lack of judicial restraint.

I agree with Mr. Cheeks that Newt scored on the judicial activism issue.

Will judicial activism and proclamations from social elites find their comeuppance in a generational shift?

Lincoln, in contrast, viewed judicial activism as illegitimate, judicial precedent as problematic, and judicial supremacy as despotic.

But they unwittingly laid the groundwork for it by giving the Supreme Court a constitutional amendment couched in terms so broad and undefined that it eventually became a vehicle for freewheeling judicial activism and thereby turned judicial review into a legislative power.

Brown corrected the unjustified judicial activism of Plessy.

«Thanks to the leadership of Mayor Bloomberg and Commissioner Kelly, New York City is the safest large city in America but liberal judicial activism and political interference threatens to turn back the clock putting people in danger and sacrificing the quality of life in the city,» Long said.

This issue focuses on the phenomenon of judicial activism in the political sphere.

We have since seen devolution, the Human Rights Act and unprecedented judicial activism.

«Thanks to the leadership of Mayor Bloomberg and Commissioner Kelly, New York City is the safest large city in America but liberal judicial activism and political interference threatens to turn back the clock putting people in danger and sacrificing the quality of life in the city,» Long said in a statement.

Furthermore, there is significant concern, on both sides of «judicial activism.»

He did imply it would somehow stop future judicial activism in the ECJ from affecting the UK - which hints at the dangerous.

And judicial activism has been applied by both parties at different points in US history.

Its overweening ambition demonstrated by its judicial activism to hold itself above our parliament makes it incompatible with a British view of democracy.

«Jim D * ke, a Republican consultant based in South Carolina and an adviser to Republican National Committee Chairman Michael Steele, called the nomination «an opportunity for the minority party to represent a majority of Americans who oppose judicial activism» but added that Republican would do well to wait until a nominee is chosen «before passing judgment lest they lose credibility with the American people.»

'' «an opportunity for the minority party to represent a majority of Americans who oppose judicial activism»»

Michael Steele, called the nomination «an opportunity for the minority party to represent a majority of Americans who oppose judicial activism» but added that Republican would do well to wait until a nominee is chosen «before passing judgment lest they lose credibility with the American people.»

Jim Dyke, a Republican consultant based in South Carolina and an adviser to Republican National Committee Chairman Michael Steele, called the nomination «an opportunity for the minority party to represent a majority of Americans who oppose judicial activism» but added that Republican would do well to wait until a nominee is chosen «before passing judgment lest they lose credibility with the American people.»

Before former President George W. Bush nominated him to the 10th Circuit Court, Gorsuch wrote and spoke against «judicial activism» and the perceived tendency of liberal - leaning judges to reinterpret longstanding laws as they saw appropriate.

She was twice nominated to U.S. Court of Appeals for the District of Columbia Circuit, only to see her first nomination filibustered and her second sunk by charges of judicial activism by Senate Republicans over gun industry litigation during her time as solicitor general.

Aware that its decision might smack of judicial activism, the judges responded:

Vergara v. California and Judicial Activism Education Week, 4/7/16 (Subscription required.)

The problems raised by judges in these remedial proceedings call for thoughtful responses and nuanced solutions, rather than the cavalier rejection of «judicial activism» that Hanushek and Lindseth and other opponents of adequacy articulate.

In a state known for judicial activism, and with the trial judge calling for more money for schools, the high court's February 15 ruling was rather stunning.

If he were to run for president, Christie «would face some challenges among the more conservative circles of our party... concerned about issues like Common Core and judicial activism,» Bill Gustoff, a member of the Iowa Republican Party's state central committee, said this month as Christie campaigned in the state that hosts the nation's first presidential nominating contest.

I highly doubt that Eskelsen García would have groused about judicial activism in those cases.