Document Type

Article

Publication Date

1997

Abstract

Some legal scholars have argued that public choice theory justifies certain kinds of judicial activism. Others have said it does not. 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.

Comments

Please note that the copyright in the Journal of Law and Public Policy is held by the President and Fellows of Harvard College, and that the copyright in the article is held by the author.

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