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Activism in Disguise:
An Inquiry into the seditious motives of Judicial Restraint

In his esteemed paper Constitutional Cases, legal philosopher Richard Dworkin postulates a binary definition of judges’ decision making processes. In Dworkin’s paradigm a judge may utilize one of two mutually exclusive systems – as he calls “the programs of judicial activism and judicial restraint” (432). This essay primarily will focus on the latter of the two systemic legal manifestations. According to Dworkin, the program of judicial restraint “argues that courts should allow the decisions of other branches of government to stand, even when they offend the judges’ own sense of the principles required by the broad constitution doctrines” (432). Essentially, judicial restraint occurs when a judge passively deems a particular decision ‘out of his court’s jurisdiction’, effectively allowing that particular issue to be decided in a lower court, with the legislature, or at the......

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Approximate Word Count: 2668
Approximate Pages: 11 (250 words per double-spaced page)

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