Article
Comparing Judicial Activism: Can We Say that the US Supreme Court is More Activist than the German Constitutional Court?
Revista Portuguesa de Filosofia
(2016)
Abstract
Although widely used, “judicial activism” is a diffused and, to some extent, an empty concept. However, if it is to be useful in comparative law and politics, a transparent and consistent definition of “judicial activism” has to be developed. We assess different approaches and the consequent comparative implications. We conclude that, at some levels, we can answer whether or not the US Supreme Court is more activist than the German Constitutional Court. Nevertheless, such question cannot be addressed satisfactorily once we understand the complexities of “judicial activism.”
Keywords
- judicial activism,
- constitutional review,
- constraint,
- restraint
Disciplines
Publication Date
2016
Citation Information
Nuno Garoupa. "Comparing Judicial Activism: Can We Say that the US Supreme Court is More Activist than the German Constitutional Court?" Revista Portuguesa de Filosofia Vol. 72 Iss. 4 (2016) p. 1089 - 1106 Available at: http://works.bepress.com/nunogaroupa/120/