In particular, I contend that the founders were believers in judicial restraint or judicial deference, while Root argues for a kind of libertarian judicial activism in defense of individual rights.

Teles allows for this possibility, but I would have distinguished that set of considerations from the broader set of considerations one could throw in the “judicial restraint” basket ...

Unfortunately, recent judicial overreach threatened to undo this carefully crafted legislation. Last year, a Varanasi court allowed a "scientific" survey of the Gyanvapi Mosque, excluding the ...

“A long-standing precedent at the crux of administrative governance thus falls victim to a bald assertion of judicial authority. The majority disdains restraint, and grasps for power.

What does having a quorum mean for the Minnesota House of Representatives? This question will likely be decided by the state's Supreme Court after state Democrats sued state Republicans for electing a ...

A recent decision from the Ontario Superior Court of Justice illustrates a rising trend among judges to question the wording and scope of draft orders that have been submitted for court approval. This ...

The Indian judiciary employs several techniques to creatively interpret laws and address legal ambiguities. These include: ...