Tort reform advocates frame judicial invalidation as illegitimate substitution for legislative will

Evidence

Meanwhile, proponents of tort reform have denounced the courts’ rulings as an unwarranted substitution of judicial policy preferences for those of the people’s representatives. It may be that the battle against judicial nullification of civil justice reform has just begun. — G. Alan Tarr, Judicial Process and Judicial…, 3531

Categorization

  • XREF: Links to the book’s countermajoritarian-difficulty theme and to the course’s debate over judicial review’s democratic legitimacy.