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Review of The Campaign Against the Courts: A History of the Judicial Activism Debate by Tanya Josev, Federation Press, 2017

Citation

Bartie, S, Review of The Campaign Against the Courts: A History of the Judicial Activism Debate by Tanya Josev, Federation Press, 2017, University of New South Wales Law Journal, The pp. 1-4. ISSN 0313-0096 (2017) [Review Single Work]


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Abstract

Tanya Josev’s monograph, The Campaign against the Courts, is a rich historical examination of the social meaning of the term ‘judicial activism’ within the United States and Australia. It is a new comparative study of the many actors and contingencies that shaped public perceptions of the constitutional role of courts in these democracies over the last century. And it is a timely reminder of the symbolic and political significance of courts to a nation. In earlier ages governments and rulers used the composition, practices and even costume of the judiciary to signal a country’s growing independence, strength and breaks with religious ties.[1] In contrast Josev documents how politicians and the media invoked ‘judicial activism’ as a derogatory label in their conservative campaigns. Rather than lauding the judiciary as bastions of the rule of law, these critiques condemned ‘activist’ judges for their alleged elitism and for threatening the democratic fabric of a nation. In essence Josev’s work is a fascinating comparative account of the judiciary’s complex role in the culture and history wars.

Item Details

Item Type:Review Single Work
Keywords:Legal History, Law and Society
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Law and Society
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Justice and the Law not elsewhere classified
Author:Bartie, S (Ms Susan Bartie)
ID Code:122013
Year Published:2017
Deposited By:Law
Deposited On:2017-10-25
Last Modified:2018-03-23
Downloads:0

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