Law and Contemporary Problems
Separating judicial power
Professor Currie's article [See David P. Currie, "Separating Judicial Power", 61 LAW & CONTEMPORARY PROBLEMS 7 (Summer 1998) ] discusses historical attempts to limit judicial independence. I consider the converse: how judges have exercised their independence. This essay provides a brief historical overview of judges using their independence to implement their own view of justice, often contrary to both popular sentiment and legislative will.
Independent Judges and Independent Justice, 61 Law and Contemporary Problems. 15
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/320