EXTRA-Judicial Activism Flashcards
What is judicial activism?
this describes a situation where the judges and the courts take a broad and active view of their role as interpreters of the constitution and reviewers of executive and legislative action. Judges venture beyond narrow legal decisions to influence the evolution of public policy
What is judicial restraint?
this is the idea that the courts should not seek to impose their views on other branches of government. Supporters favour a passive role for the courts limits them to implementing legislative and executive intentions
What type of philosophy is judicial restraint?
it is a more conservative philosophy
Under Margret Thatcher how were industrial relations bad for those on the Left?
as new laws restricted trade union action (miners strike)
How in the 1990’s did judges go against traditional conservative views with their growing political involvement? (2)
- favour of incorporating ECHR into British law
- against ministerial policies on issues such as sentencing of convicted criminals and prison conditions
What intensified the clear hostility between the politicians and the judges in the mid 1990’s?
the decisions of the Court of Human Rights in Strasbourg against the British government
What is politicisation of the judiciary?
this is the growing trend for judges to become involved in political issues
What has provided opportunities for further politicisation of the judiciary?
the passage of the HRA 1998
Why should judges not be too powerful?
as under the British constitutional arrangements, parliament is the main protector of our liberties, it is a sovereign body and its members alone should make decisions
Why can it be said that judges have too much power due to the fact that for them, politicians need to remain sensitive to the wishes of voters as elected representatives?
as judges in comparison lack accountability and are seen as a group remote from present day reality
What does the division between the three branches of government a means of protecting?
the people from arbitrary government and a safeguard against potential tyranny
How do judges not have too much power in regards to voting?
They are aware of the way people have voted in recent elections and are therefore not immune from what goes on in society
What is positive about the rulings made by judges?
they are respected due to the broad esteem in which they are held
How do judges not have too much powers in regards to themselves and the executive?
The executive has the initiative and introduces law, whereas judges react to the law, reviewing it once it is in place
