From the Crossing of the Rubicon to the Return of the Republic: The Mississippi Supreme Court's View of the Judicial Role, 1980-2004

October 20, 2004

James W. Craig, Michael B. Wallace

In a time of public need, there is a great temptation to use judicial power to make the kinds of general decisions about society that a democracy ordinarily entrusts to the will of the people. Judicial restraint is not a “conservative” or “liberal” value. It is a philosophy that affirms that major social decisions should be made by the people as a whole, or not at all. The Mississippi Supreme Court, for two decades, abandoned judicial restraint. It has now restored its own faith in that democratic principle.

From the Crossing of the Rubicon to the Return of the Republic: The Mississippi Supreme Court's View of the Judicial Role, 1980-2004