Chapter

Introduction The Supreme Court and Modern Judicial Conservatism

in The Most Activist Supreme Court in History

Published by University of Chicago Press

Published in print October 2004 | ISBN: 9780226428840
Published online March 2013 | e-ISBN: 9780226428864 | DOI: http://dx.doi.org/10.7208/chicago/9780226428864.003.0001
Introduction The Supreme Court and Modern Judicial Conservatism

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The standard conservative view of the Supreme Court for decades has amounted to a critique of liberal “judicial activism” and a call for “judicial restraint.” When conservatives came to power after 1968, they continued to advance their critique of judicial activism; they also began to articulate their own conservative versions of rights-based constitutionalism, rooted in their New Right vision of limited government. In recent years, a number of political scientists have highlighted the importance of “conjunctures of separately determined processes” in shaping patterns of political development. One of the defining features of modern conservatism had been a critique of judicial power, but now that they themselves had taken over the Court, they faced a strong incentive to put that institution to work on their own behalf.

Keywords: Supreme Court; judicial activism; judicial restraint; rights-based; constitutionalism

Chapter.  5364 words. 

Subjects: US Politics

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