Judicial Review in an Objective Legal System
Why is objectivity important when it comes to how judges decide cases? Tara A. Smith joins us this week to talk about what people mean when they say “We want judges to be objective and to uphold the law.”
We discuss the what, how, and why of judicial objectivity, first principles, the value of discretion among different government actors in a legal system, and we compare Smith’s theory of judicial review to other, competing theories.
Show Notes and Further Reading
Smith’s book on this subject is Judicial Review in an Objective Legal System (2015).
Trevor recommends the 1961 movie Judgment at Nuremberg, directed by Stanley Kramer.
Near the end of the episode, Smith mentions Randy Barnett and Josh Blackman’s Weekly Standard article “The Next Justices.”