Judicial policymaking is illegitimate when rulings lack legal basis or invade other branches.

Evidence

Even if judges cannot altogether avoid policymaking, this does not mean that all judicial policymaking is legitimate. Judges may announce decisions that have no basis in law but merely reflect their personal policy views, or their rulings may invade the powers and prerogatives of the other branches of government. In such circumstances their rulings are illegitimate. However, people may well disagree about what constitutes an adequate legal basis for a decision or what the judiciary’s proper role is in governing a democratic society. Indeed, throughout the nation’s history, the scope of judicial authority has prompted fierce debate. — G. Alan Tarr, Judicial Process and Judicial…, 2884

Categorization

• XREF: Connects directly to the course’s framing of the judiciary’s proper role in a democratic society versus the elected branches.
• DEFINE: Establishes the working distinction between legitimate and illegitimate judicial policymaking that the chapter’s analysis hinges on.