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 ...

“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.

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 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 ...

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 ...

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