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Measuring Judicial Activism$
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Stefanie A. Lindquist and Frank B. Cross

Print publication date: 2009

Print ISBN-13: 9780195370850

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780195370850.001.0001

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Justiciability and Judicial Activism

Justiciability and Judicial Activism

(p.105) six Justiciability and Judicial Activism
Measuring Judicial Activism

Stefanie A. Lindquist

Frank B. Cross (Contributor Webpage)

Oxford University Press

One of the important dimensions to judicial activism identified in Chapter 2 involves the judiciary's “institutional aggrandizement” at the potential expense of the other branches of the federal government or at the expense of the state governments. Judges may expand the institutional power of the judiciary by expanding the right of litigants to sue in court to challenge state or federal power. This chapter evaluates the justices' votes in cases involving doctrines of “justiciability”—which determine which interests may be represented in court. The justices diverge substantially in terms of their voting behavior this area, with some demonstrating a far more expansive view of the scope of judicial power. In many cases, the justices' votes to open or close the courthouse doors appear to be dependent on their ideological views of the merits of the underlying dispute.

Keywords:   standing, justiciability, judicial power, institutional aggrandizement

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