The 1960s was a decade of racial progress in the US, but also of anger that not more was achieved. One response to the civil unrest in America’s cities was an executive order issued by President Johnson requiring firms contracting with the federal government to implement affirmative action to increase the employment of African Americans.
An analytical report of the workshop and public debate featuring Charles Clarke, Joshua Rozenberg, Lord Justice Jacob and others examines the growing trend towards the ‘judicialization of politics’, in which judges are increasingly implicated in settling policy disputes, especially in the context of constitutional rights.
The debate ranges over the new Supreme Court in the UK, and recent controversial decisions over prisoners' voting rights and control orders for terror suspects.
The rise of populism in Eastern Europe has had a significant effect on the rule of law, and the reaction of the judiciary to the changing political environment has been particularly revealing.
This policy brief assesses the adoption of US models of judicial activism in post-Communist countries of central and Eastern Europe, and proposes an alternative model in the form of co-equality as a more effective way to reconcile popular sovereignty with individual liberty.