ABSTRACT

A great deal has changed since Griffith published his seminal text on the inherently conservative nature of the judiciary. 1 In this chapter, we will argue that we need a new understanding of the politics of the judiciary. Consider the following paragraph:

[I]f in our own society the rule of law is to mean much, it must at least mean that it is the obligation of the courts to articulate and uphold the ground rules of ethical social existence which we dignify as fundamental human rights… 2