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The Judge in a Democracy.

Publication: Trial
Publication Date: 01-OCT-06
Format: Online
Delivery: Immediate Online Access
Full Article Title: The Judge in a Democracy.(Book review)

Article Excerpt
The Judge in a Democracy Aharon Barak Princeton University Press www. pupress.princeton.edu 360 pp., $29. 95

These are troubled times for progressive judges in the United States. Conservative politicians and pundits wield charges of "judicial activism" like a dull ax against jurists who do not pay the requisite homage to originalism, textualism, or other "isms" that constrain the judicial role in ways calculated to yield decisions that conservatives favor.

Judges who do not identify themselves as champions of judicial restraint are on the defensive and tend to keep their philosophies to themselves. Against that backdrop, Aharon Barak's new book, The Judge in a Democracy, comes as a breath of fresh air, for it makes a fully developed, unapologetic case for an active judicial role in government.

Barak, the president of the Supreme Court of Israel, articulates...

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