Multidimensional Analysis of Judicial Decision-Making: Reframing Judicial Activism as the Study of Judicial Discourse (or taking the judgment out of the Judgment)

Abstract

This paper reviews the development of a multidimensional approach to the study of judicial activism as conceived by Cohn and Kremnitzer in 2005. The paper explores the meaning of judicial activism briefly before exploring the development of the Cohn/Kremnitzer model. The authors propose a methodological shift that repositions the activism analysis more broadly as an analysis of judicial discourse. The authors contend that this methodological shi$ would allow for more rigorous empiricism in the literature and for an analysis that would open up the activist project to all constitutional court cases, whether impugned legislation is under scrutiny or not. The authors conclude that the Cohn/Kremnitzer model provides the requisite indicia to inspire a new descriptive language in judicial activism studies, and to pave the way for empirical theorizing of justice in the context of judicial activism.