US key terms 4: The Supreme Court & civil rights Flashcards
CONSERVATIVE JUSTICE
> loves stare decisis
Justice with a more narrow view of Const. - literal interpretation
believing in a generally smaller gov.
IMPERIAL JUDICIARY
All powerful
>checks & balances on = weak & ineffective
JUDICIAL ACTIVISM
Approach to judicial decision - Justice should use their position to promote desirable social ends
JUDICIAL RESTRAINT
Approach to judicial decision - Justice should defer to exec. & leg. branches] politically accountable to the ppl
>great stress on the principle established in previous court rooms
JUDICIAL REVIEW
Ability of SC to declare acts of Cong. AND act/ actions of the presidency UNCONSTITUTIONAL and therefore null & void
LIBERAL JUSTICE
Interprets Const. more broadly to give ppl more freedom & bring about social change
STARE DECISIS
Doctrine
>standing by decided cases
>favour status quo
>opposite of the ‘living constitution’
LIVING CONSTITUTION
> evolutionary doc.
change over time through re-interpretation by the SC
SWING JUSTICE
Informal name for the Justice on SC who falls ideologically in centre of the 9 current justices