Live from Cairoston

Judicial Activism

I recently wrote a post in Arabic titled “Defining Bias before Renewing Jurisprudence”. The argument was specifically tailored towards Islamic Jurisprudence. However, recalling a debate I once watched between Justice Breyer and Justice Scalia, not only did I realize that the phenomenon I discussed is prevalent other traditions of jurisprudence, but I found a nice keyword for future research: Judicial Activism.

Former justice Thurgood Marshall justified judicial activism with these words: “You do what you think is right and let the law catch up. (quoted in the Stanford Law Review, summer 1992)

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