Friday, October 10, 2008

Helpful Cultural Hint

judicial activism” (modified noun)
Term used by American conservatives to decry any judicial decision with which they disagree.

Cultural interpretative note
The visitor to the United States is cautioned that the phrase is not to be taken as an objective descriptor, but rather as a subjective pejorative. A judge declining to substitute his judgment for that of the legislature on a matter on which conservatives wish him to act is a “judicial activist”, even though he is exercising deference to the wishes of the elected legislature. Conversely, a judge who renders a decision of which conservatives approve is not a “judicial activist”, even if the decision in question goes directly contrary to the clear language of the statute and the expressed intent of the legislature.

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