The dead hand of the architect

Article Abstract:

Drawing an analogy between adhering to original intent in interpreting the Constitution and adhering to the architect's original intent in designing a building suggests that originalist arguments cannot claim inevitability. There is little question that the dead hand of those that created the laws, language and buildings that are used today continues to exert influence. Discussions of originalism should acknowledge this influence, but the intentions of the Framers of the Constitution should not be considered binding on all subsequent generations.

Interpretation and construction, Constitutional law, Constitutional interpretation, Stare decisis

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Does public choice theory justify judicial activism after all?

Article Abstract:

Public choice theory can support judicial activism in some situations. Ideological advocators and some public choice theorists coalesce in the belief that courts are superior to other legal forums for their respective goals of social change and lessening interest group influences. The debate over the support or nonsupport of judicial activism by public choice theory continues, but many scholars have little positive to declare about judicial restraint.

Judicial activism, Social choice

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