Comparing Judicial Activism – Can We Say that the US Supreme Court is More Activist than the German Constitutional Court?

Nuno M. Garoupa 

Texas A&M University School of Law; Catholic University of Portugal (UCP) - Católica Global School of Law

December 19, 2016

Revista Portuguesa de Filosofia (RPF), Special Issue on Democracy in Question, vol. 72 (4), 2016 

Abstract:    
Although widely used, “judicial activism” is a diffused and, to some extent, an empty concept. However, if it is to be useful in comparative law and politics, a transparent and consistent definition of “judicial activism” has to be developed. We assess different approaches and the consequent comparative implications. We conclude that, at some levels, we can answer whether or not the US Supreme Court is more activist than the German Constitutional Court. Nevertheless, such question cannot be addressed satisfactorily once we understand the complexities of “judicial activism.”

Number of Pages in PDF File: 16

Keywords: judicial activism, constitutional review, constraint, restraint

Full text available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2887650