Is judicial activism good for democracy?
Side one
Courts protect citizens
When legislatures and executives fail, courts must protect rights and enforce the constitution.
Ambedkar: Equality and Constitutional Morality · Rawls: Justice as Fairness · Locke: Rights and ConsentSide two
Courts overreach
Unelected judges making policy weakens accountability and the separation of powers.
Rousseau: The General Will · Max Weber: Bureaucracy and Authority · Hayek: Knowledge and OrderCommon ground
Both value constitutional democracy.
How to reconcile them
Courts should enforce rights firmly but leave policy design to elected bodies, intervening when rights are violated.
When each side is right
Praise activism for rights and accountability. Criticise it when courts run administration.
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