ABSTRACT

This chapter explains a new theory of judicial heroes and a relevant theory of judicial review. Sunstein's constitutional theory on heroism may help comparative theorists to understand better that there are many variations of judicial heroes beyond bold and courageous judges. The chapter reaffirms the postulate that judicial leadership is one of the most crucial factors contributing to the development of judicial review in newer democracies. It describes the Aristotelian's notion of heroism. Aristotle postulates the concept of a hero as a serious man with practical wisdom. The chapter describes two concepts of heroic judicial leadership based on two models of Aristotelian heroism such as "bold-aggressive hero" and "prudential-minimalist heroes". It describes that the prudential-minimalist model of judicial leadership is a competing model to the bold, aggressive one. Through the prudential-minimalist approach, a chief justice will be able to strengthen the court's authority and fortify the court's interest at the same time .