Judicial Activism vs. Judicial Restraint Essay - 470 Words.
Judicial restraint is when a judge does not believe that their opinion is relevant when judging a case, so they would use a past case as a guide to help make current judgement. Judicial activism is when a judge uses their own opinion which is based from modern ways.
Judicial activism and judicial restraint have different goals. Judicial restraint helps in preserving a balance among the three branches of government, judiciary, executive, and legislative. In this case, the judges and the court encourage reviewing an existing law rather than modifying the existing law.
Judicial activism is the view that the Supreme Court and other judges can and should creatively (re)interpret the texts of the Constitution and the laws in order to serve the judges' own visions regarding the needs of contemporary society. For example, the Supreme Court or an appelate court can reverse some previous decisions if they were faulty.
To begin with, in the judicial system, there is an ongoing dispute over what compromises the proper amount of judicial power. The lack of agreement concerning policymaking power of courts is reflected in the debate over judicial activism versus judicial restraint.
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Judicial Activism Vs. Judicial Restraint Essay, Research Paper Judicial activism and judicial restraint are two opposing philosophies when it comes to the Supreme Court justices’ interpretations of the United States Constitution; justices appointed by the President to the Supreme Court serve for life,and thus whose decisions shape the lives of “We the people” for a long time to come.
Intent: While judicial restraint is intended to prevent judges from exercising arbitrary power over the life and liberty of citizens, judicial activism encourages them to exercise more power to shape social policies and to correct injustices, especially when the other wings of the government fail to do so.
Judicial Activism vs. Judicial Restraint Judicial restraint is considered the antonym of judicial activism. Judges who practice judicial restraint hand down rulings that strictly adhere to the “original intent” of the Constitution. Their decisions also draw from stare decisis, which means they rule based on precedents set by previous courts.
Judicial activism is an act of judicial interpretation that results in the creation of a new law. Judicial activism is when the Court does not follow precedent but instead acts as a legislator to establish future precedent. Judicial restraint is just the opposite; it is an act of judicial interpretation where a limited judicial power is exercised.
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When analyzing the differences between judicial restraint and judicial activism we are indeed looking at complete opposites. Judicial activism is the interpretation of the Constitution, where Judicial Restraint limits the power that a judge has to strike down a law, and is fact based without interpretation.
Judicial Method: Activism vs Formalism 'Judicial Method: activism versus formalism’ A new era has emerged from the societal and legal changes that have occurred in Australia. The age of Judicial activism has taken over the more traditional method of judicial formalism. Supporters of the latter’s concerns that it promotes power without responsibility, and blurs the separation of powers.
Judicial restraint and judicial activism are both opinions on the spectrum of judicial philosophy. Judicial restraint is when a judge interprets the Constitution the way the Framers intended. Judicial activism is when judges believe that the Constitution should be interpreted to follow the modern-day way of life.
