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 ...

Unfortunately, recent judicial overreach threatened to undo this carefully crafted legislation. Last year, a Varanasi court allowed a "scientific" survey of the Gyanvapi Mosque, excluding the ...

“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.