“Soft despotism is a term coined by Alexis de Tocqueville describing the state into which a country overrun by "a network of small complicated rules" might degrade. Soft despotism is different from despotism (also called 'hard despotism') in the sense that it is not obvious to the people."
Sunday, October 20, 2013
Make Believe Judging and the judicial fix that protects the willingness of judges to accept demonstrably preposterous explanations for government action and to turn a blind eye to what government is really doing in a wide range of cases. - Clark Neily
Here is a two year old interview specifically dealing with “judicial activism”.