Legislative oversight of a Bill of Rights: a way to rectify judicial activism

Ostler, Duane (2013) Legislative oversight of a Bill of Rights: a way to rectify judicial activism. Washington University Law Review, 90 5: 1581-1588.

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Name Description MIMEType Size Downloads
Author Ostler, Duane
Title Legislative oversight of a Bill of Rights: a way to rectify judicial activism
Journal name Washington University Law Review   Check publisher's open access policy
ISSN 0043-0862
Publication date 2013
Sub-type Article (original research)
Volume 90
Issue 5
Start page 1581
End page 1588
Total pages 8
Editor Jason Batts
Place of publication St Louis, MO, United States
Publisher School of Law, Washington University
Collection year 2014
Language eng
Subject C1
180108 Constitutional Law
Formatted abstract
The term 'judicial activism" has become a common part of modern American political speech, though it remains ambiguous and can often mean many different things.' It most commonly applies to judicial decisions that exceed judicial authority on issues that otherwise would be decided by the legislature and is most frequently invoked when some aspect of the bill of rights is litigated.

This Article asserts that judicial activism does not have to be inevitable and can be overcome by way of structural change to the Constitution.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2014 Collection
TC Beirne School of Law Publications
 
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Created: Wed, 18 Sep 2013, 09:25:48 EST by Duane Ostler on behalf of T.C. Beirne School of Law