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Politics
Marcelo Rodriguez Ferrere, Associate Professor of Law, University of Auckland, Waipapa Taumata Rau

Is ‘judicial activism’ skewing Treaty law – or are court critics the real radicals?

Act United States David Seymour Shane Jones
Getty Images

Claims of “judicial activism” are nothing new. Ever since the term was coined by US historian Arthur Schlesinger in 1947, it has been regularly invoked in the United States to describe judges perceived to be going beyond their constitutional role.

In the United Kingdom, the Daily Mail took it a step further in 2018 and labelled three judges “Enemies of the People” in a headline about the legal complexities of Brexit.

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