In particular, I contend that the founders were believers in judicial restraint or judicial deference, while Root argues for a kind of libertarian judicial activism in defense of individual rights.

Judicial restraint as a concept can be traced to an influential 1893 article by Harvard law professor James Bradley Thayer. Thayer argued that statutes should be invalidated only if their ...

“A long-standing precedent at the crux of administrative governance thus falls victim to a bald assertion of judicial authority. The majority disdains restraint, and grasps for power.

A recent decision from the Ontario Superior Court of Justice illustrates a rising trend among judges to question the wording and scope of draft orders that have been submitted for court approval. This ...