judicial tyranny

     

The term Juicial tyranny is also political epithet often used to describe the actions of unelected judges whose rulings unlawfully validate or invalidate the policy decisions made by elected officials, unlawfully sustain or overrule enacted statutes or court precedents, or violate a constitution. Some political rhetoric imprecisely uses the phrase synonymously with judicial activism, but the terms have had different meaning. In debates today, howeever, their meanings are often conflated, especially in conservative circles. The phrase is generally traced back to a comment in a letter by Thomas Jefferson, referring to the "despotism" of Federalist federal judges (in particular, John Marshall) who continued to hold office as their political party was fading away.

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