Courts & democracy

Question 1

Dialogue theory

Answer 1

Judicial activism is acceptable because its not usually the final word
Governments can always respond, but usually can still do what they want to do
Flawed argument that the legislature is always on the side of the majority

Question 2

Criticisms against interpretation

Answer 2

• The courts lack the institutional capacity to make good public policy
• Flight from politics- social groups and individuals will shift their attention from traditional democratic institution to the courts
• Policy distortion- legislautres will avoid more effective and conceivably constitutional policies because they fear the court will strike them down