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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
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).
Chapter 1 IntroductionChapter 2 Framing the IssueChapter 3 The Constitution and the Need for AdaptationChapter 4 Judicial Review and DemocracyChapter 5 Judicial Review and Good GovernmentChapter 6 Democracy and the Indirect Effects of Judicial Review
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.