novembre 18, 2005

Judicial Activism for the Common Man

A term like ‘judicial activism’ is a bit wonkish. On its face, it just doesn't sound that bad. Americans are a kinetic people; we like active things. While we should retain the term, I think we need to do a better job framing it for people. When Republicans put liberal jurisprudence on public trial, we should use terms the public can gets its teeth into.

How about ‘arbitrary power’? No one likes arbitrariness.

How about ‘ruling by whim’? Whimsy is great in a blog, but scary in a judge.

How about ‘abuse of power’? That’s exactly what liberal courts do, after all. They take the solemn duty entrusted to them and twist it to their own purposes.

What other ways can judicial activism be framed?

Posted by Discoshaman at novembre 18, 2005 12:57 AM | TrackBack




Comments

If you don't mind a made up word (which the internet seems to turn out in droves, and I am part of it), how about "Judislators" for those in the Judicial branch who act like they are legislators? By it's sound it also can connote a certain kind of betrayal for the sake of personal desires.

Posted by: Ben Wisdom at novembre 18, 2005 02:56 PM

Hi man,

The Duchess has been telling me about your site. I meant to put you in Bloggy Goodness last night but then brain cramped. It's nice to see you.

I like the term. It might be a bit too something for the general public, I dunno. But I could definitely see it getting traction on the Internet.

Posted by: Discoshaman at novembre 18, 2005 03:25 PM

Unaccountable Dictators
Super Nannies
Capricious Overlords
Unrestrained Busybodies
comes to mind...but I'm not a cynic.

Posted by: Xyba at novembre 18, 2005 07:58 PM

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