In this book the author argues that judicial activism directed to the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Put differently, protecting human rights, especially of the vulnerable and marginalized, through judicial decision-making in a constitutional democracy is here held not to equate to judges ‘making law’ (as opposed to interpreting law). Rather it represents courts interpreting and explaining what the constitution mandates the statutory and common law in a democratic society is or must be if it is not so already.