By
Richard John Neuhaus
|
First Things
Sunday, January 4, 2004
Review excerpt:
The defenders of judicial activism, properly understood as the judicial usurpation of politics, count on wearing down their critics over time. Robert H. Bork is not easily worn down. He returns to the battle with a new book, Coercing Virtue: The Worldwide Rule of Judges (AEI, 159 pp., $25). Not only in America but throughout the nations of the West, judges have seized the political authority that properly belongs to the people and their elected representatives. Bork's opening chapter on this "permanent revolution" carries an apt epigraph by James Madison: "I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpation." While Bork has written extensively on judicial imperialism, in these pages and elsewhere, the present book addresses the international dimensions of the problem, illustrating his argument with fascinating studies of the politics of law in the United Nations, Canada, and Israel.