48 min listen
The Problem of Judicial Abdication
FromFree Thoughts
ratings:
Length:
52 minutes
Released:
Aug 4, 2014
Format:
Podcast episode
Description
Clark Neily joins us this week for a discussion on judicial engagement. Neily contrasts judges’ findings in cases with stringent standards of review—which he characterizes as a genuine quest for the truth from a truly neutral adjudicator, decided on the basis of evidence—with what he calls judicial abdication: the tendency of judges to default to a rational basis review of speculative justification by the government. They also discuss the right to earn a living, judicial activism, and the defining essence of the Constitution.Show Notes and Further ReadingClark Neily, Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government (book)Timothy Sandefur, The Right to Earn a Living: Economic Freedom and the Law (book)Clark Neily is on Twitter at @ConLawWarrior. See acast.com/privacy for privacy and opt-out information.
Released:
Aug 4, 2014
Format:
Podcast episode
Titles in the series (100)
Politics and Community by Free Thoughts