Judicial activism
is a judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implication of its decisions. These are sometimes known as loose constructionists.
What are the major judicial philosophies when looking at how do you interpret the Constitution and make decisions?
There are three main types of judicial philosophy:
conservative, liberal, and moderate
. In a general sense, this field is the philosophical perspectives employed by judges to interpret laws.
What are the two major judicial philosophies quizlet?
Functionalism, Structuralism, and Doctrinalism
.
What does judicial review mean quizlet?
Judicial review refers to
the power of a court to review a statute, treaty or administrative regulation for constitutionality or consistency with a a superior law
. It is the power of the judicial branch of government to decide whether or not acts of government are constitutional.
Is a judicial philosophy that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions *?
Judicial activism
is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint.
What made many of the Warren court's decisions controversial?
What made many of the Warren Court's decisions controversial?
They caused social change
.
Are there circumstances in which judicial activism is more acceptable?
The best answer, which is grounded in the vision of the framers and has been a central part of constitutional law for more than 70 years, is that judicial activism is appropriate
when there is good reason not to trust the judgment or fairness of the majority
.
What does the judicial philosophy of originalism stand for quizlet?
what is originalism?
extreme strict constructionist approach
– interprets the constitution's literal, original meaning. You just studied 105 terms!
What does a judicial activist do quizlet?
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
.
What is an example of judicial activism?
Brown v. Board of Education (1954) is one of the most popular examples of judicial activism to come out of the Warren Court. … For example, when
a court strikes down a law
, exercising the powers given to the court system through the separation of powers, the decision may be viewed as activist.
What factors influence the Supreme Court's decision-making practices?
But
additional legal, personal, ideological, and political influences
weigh on the Supreme Court and its decision-making process. On the legal side, courts, including the Supreme Court, cannot make a ruling unless they have a case before them, and even with a case, courts must rule on its facts.
How has public opinion influenced the Supreme Court quizlet?
How has public opinion influenced the Supreme Court?
The Court may sometimes delay issuing a decision on a certain issue based on expected reaction by the public
. The public indirectly chooses the justices themselves, who ultimately reflect public opinion in their decisions.
What are the key aspects of judicial philosophy and decision-making?
Judicial philosophy is the way in which
a judge understands and interprets the law
. Laws are universal, but they must be applied to particular cases with unique circumstances. To do this, judges interpret the law, determining its meaning and sometimes the intent of those who wrote it.
What is the purpose of judicial review quizlet?
Judicial review refers to
the power of a court to review a statute, treaty or administrative regulation for constitutionality or consistency with a a superior law
. An attorney's spoken statements and presentation before a court supporting or opposing the legal relief at issue. You just studied 16 terms!
Where can the concept of judicial review be found quizlet?
Judicial review is nowhere mentioned in the Constitution
. One might say that the Court ‘found' the power for itself in the 1803 case of Marbury v. Madison. This was the first time that the Supreme Court declared an act of Congress unconstitutional.
What is the main function of judicial review quizlet?
What is judicial review?
A mechanism allowing the individual to challenge the abuse of power of a public body in the High Court
.
