court packing

Judicial activism and Constitutional Courts

In The Ideal Constitution (in the section Philosophy under About) , we described constitutional principles that would ensure a proper separation of powers and specifically an independent judiciary. This is especially important if the judiciary engages in the constitutional review of law.

We support and defend constitutional review as an important part of constitutional democracy. Decision by judges regarding the constitutionality of laws have not been without controversy however and backlash to judicial decisions has worsened the last couple of years. But what is the alternative?