The Campaign Against the Courts A History of the Judicial Activism Debate

Abstract

The term 'judical activism' is seemingly ubiquitous in Australia and the United States today but what does it mean and what are its origins? Used by prominent public figures to describe and condemn decisions of national importance, from constitutional rights in Australia to race segregation in the United States, 'judicial activism' was initially employed as a descriptor of judicial behaviour by scholars. This book follows its adoption during the culture and history wars of both countries to its current manifestation as part of election campaigns and the politics of anti-elitism. This is a timely account of one of the most controversial topics in law-making today.