Some legal scholars have argued that public choice theory justifies certain kinds of judicial activism.1 Others have said it does not.2 Given the present state of the debate, it would appear that those finding no necessary support for judicial activism have the stronger argument. I will suggest, however, that if we tweak the analysis a little further, it may- turn out that public choice theory provides limited support for judicial activism after all.
Thomas W. Merrill,
Does Public Choice Theory Justify Judicial Activism After All?,
Harv. J. L. & Pub. Pol'y
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/832