The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution:. There should be, therefore, great resistance to : redefining the category of rights deemed to be fundamental. Otherwise, the Judiciary necessarily takes to itself further authority to govern the country without express constitutional authority.
About this quote
- What does it mean?
- The Supreme Court risks losing legitimacy when it creates constitutional law without clear textual basis. Expanding fundamental rights without explicit constitutional support concentrates too much power in the judiciary.
- In plain terms
- Courts should avoid making up constitutional rules that aren't clearly in the text.
- What can you take from it?
- Judicial restraint preserves the Court's legitimacy.
Where it applies
Putting it to work
Questions to consider
- When should courts interpret the Constitution broadly?
- How do we balance rights protection with judicial restraint?
Another view
Some constitutional gaps require judicial interpretation to protect rights not explicitly stated.
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