Hastings International and Comparative Law Review


Steven A. Bibas


The European Court of Justice has taken an activist approach to protecting human rights. Most scholars approve of this. However, one scholar, Hjalte Rasmussen, has been sharply critical of the ECJ's activism. This Comment addresses Rasmussen's criticisms and rebuts them. Because Rasmussen compares the ECI and the U.S. Supreme Court, the author discusses the similarities between the two courts and addresses the criticism of U.S. Supreme Court activism by Robert Bork in his book The Tempting of.America. The author ends with an argument in support of a purposive theory of constitutional interpretation.