By standing for judicial review, Marbury does not necessarily stand for judicial activism. This argument, by the way, points to a problem with Root’s position as he frames it in his book.

On one side, libertarian constitutionalists (like Bernick and Damon Root) disparage judicial deference and encourage judicial activism on behalf of (what they think are) constitutional rights.

defines judicial activism as a judge “depart[ing] from strict adherence to judicial precedent in favor o[f] progressive and new social policies which are not always consistent with the restraint ...

The Indian judiciary employs several techniques to creatively interpret laws and address legal ambiguities. These include: ...