A number of commentators have recently renewed a debate over the Supreme Court’s “activism,” criticizing the Court for overstepping its authority. On the Policy Options blog, Leonid Sirota responds.

Over at Maclean’s, I take issue with both the critics and the critics of the critics, elaborating on what judicial activism means and why it can be a useful concept.

The inner workings of government
Keep track of who’s doing what to get federal policy made. In The Functionary.
The Functionary
Our newsletter about the public service. Nominated for a Digital Publishing Award.

There’s a whole lot not in the post, including a broader discussion on judicial “finality,” and the obvious implications my perspective may have for things like the appointments process. But, I think the “activism” debate can be useful, when properly specified. This forum is a good place for continuing that debate.

The inner workings of government
Keep track of who’s doing what to get federal policy made. In The Functionary.
The Functionary
Our newsletter about the public service. Nominated for a Digital Publishing Award.

Photo by D. Gordon E. Robertson  / CC BY-SA 3.0 / modified from original

Emmett Macfarlane
Emmett Macfarlane is an associate professor of political science at the University of Waterloo. His research focuses on the intersection of governance, rights and public policy, with a particular emphasis on the policy impact of the Charter of Rights and Freedoms and the Supreme Court of Canada.

You are welcome to republish this Policy Options article online or in print periodicals, under a Creative Commons/No Derivatives licence.

Creative Commons License