Judicial Activism and the Democratic Rule of Law

Judicial activism is presented as a crucial component of democratic governance, particularly concerning human rights and due process. Through an analysis of recent case law from the US and Canadian Supreme Courts, along with the European Court of Human Rights, the author illustrates instances where courts have championed the rights of the marginalized, as well as moments of legalism that undermine these principles. This exploration appeals to legal professionals, scholars, and students interested in the dynamics of judicial decision-making and its implications for democracy.