Journals Higher Education

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Published: 23 April 2009

192 Pages

233x155mm

ISBN: 9780195370850


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Measuring Judicial Activism

Stefanie Lindqquist and Frank Cross

  • Focuses on two aspects of judicial behavior: the use of judicial power to increase the power of the judicial branch in relation to other political actors; and the use of judicial power to further the presumed personal policy preferences of Supreme Court justices.
  • Analyzes the use of judicial power in relation to executive actions. Much of the work in this area looks exclusively at the use of judicial review to invalidate statutes, and thus excludes from consideration many of the Supreme Court's best known and most controversial assertions of judicial power, including most of the Warren Court's criminal procedure cases (such as Miranda). This book will fill that gap in the literature.
  • Stefanie Lindquist and Frank B. Cross use social science methods to quantify the meaning of the term "judicial activism," a subjective and frequently misused term which is most frequently used as an inflammatory way of expressing disagreement with a judicial opinion or methodology, with little serious effort to assign it any objective or independent meaning.
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