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Measuring Judicial Activism$
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Stefanie A. Lindquist and Frank B. Cross

Print publication date: 2009

Print ISBN-13: 9780195370850

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780195370850.001.0001

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The Political and Academic Debate Over Judicial Activism

The Political and Academic Debate Over Judicial Activism

Chapter:
(p.1) one The Political and Academic Debate Over Judicial Activism
Source:
Measuring Judicial Activism
Author(s):

Stefanie A. Lindquist

Frank B. Cross (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195370850.003.0001

This chapter outlines the history of the concept of “judicial activism” as well as the basic contours of the political and academic debate over the practice. The chapter explores the development of the debate over activism within the electorate, political elites, and in the context of Supreme Court confirmation hearings. It also considers the voluminous academic literature on the topic, with generally focuses on the potential for the Supreme Court to act in a “countermajoritarian” fashion and concern over the justices' exercising their substantial powers of judicial review in furtherance of their own policy preferences.

Keywords:   Warren Court, party platforms, confirmation hearings, political rhetoric, judicial review, legislating from the bench

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