Judicial Activism/restrain Flashcards
What is judicial activism ?
When Judicial rulings are suspected to be Based on personal or political considerations rather than existing laws
Example of judicial activism ?
expanding rights beyond the explicit wording of the constitution
Recent Example of judicial activism
- Brown v board of education (1954)
- roe v Wade (1973)
- 2nd amendment right: District of Colombia V Heller (2008)
- abortion rights : Dobbs V Jackson women’s healths organisation
How is the second amendment right: District of Columbia v Heller (2008) link to judicial activism
Critics argues that the decisions expanded gun rights beyond previous interpretation and historical context and altering the 2nd amendment
- led to be interpreted by many as collective right including malitia
Why is the Dobbs vs Jackson a judicial activism ?
- Constitution does not explicitly mention abortion in the 14th amendment
- reflects judges personal and political beliefs rather than nuetral application of law
What is judicial restrain ?
Encourages judges to limit own power and to avoid overturning laws unless they are clearly conflict with the constitution
How can judges practise judicial restrain
- By following exact wording and original intention of the constitution rather than interpreting them in a flexible manner
- follow legal principle of stare Decisis
What is stare decisis
Judges should follow previous decisions and stand by things they decide
How do the judges interpret laws due to judicial restrains ?
Interpret the constitution in a literal or traditional sense and believe that executive and legislative not court should make policies
Interpret the constitution in a literal or traditional sense and believe that executive and legislative not court should make policies , what is this ?
Judicial deference
