Wednesday, September 20, 2006

Judicial Positives and Normatives

The more I study the judiciary, the more I realize that there is no consensus on the current state of the courts, let alone the direction they should take. Liberals think the courts are too conservative. Conservatives think the courts are too liberal. Some think the courts aren't active enough in protecting individual rights against a power-hungry legislature. Others think the courts are too self-important and should relinquish power to the legislature as the expressed will of the people. If there's this much disparity in discussing how the courts are behaving, how can we possibly reach agreement on how the courts should be behaving?

I don't have an answer yet.

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