Judicial Activism vs. Judicial Restraint Flashcards
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Questions and Answers

What is the definition of Judicial Activism?

  • A legal term that refers to court rulings based on judges’ personal considerations (correct)
  • A legal term referring to judges making decisions based on existing laws
  • A method of judicial review not influenced by political views
  • A philosophy proposing that judges should interpret the Constitution literally
  • What does Judicial Restraint propose?

  • Judges can freely interpret laws based on personal beliefs
  • Judges should interpret the Constitution based on original intent (correct)
  • Judges should avoid influencing policy decisions
  • Judges should make bold policy decisions based on contemporary issues
  • What is the difference between Judicial Activism and Judicial Restraint?

    Judicial Activism involves judges making policy decisions, while Judicial Restraint involves judges playing minimal policy-making roles.

    How is Judicial Restraint used in the media?

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    Study Notes

    Judicial Activism

    • Refers to court rulings influenced by judges' political or personal beliefs.
    • Decisions may deviate from established laws, reflecting individual perspectives.

    Judicial Restraint

    • Advocates for judges to interpret the Constitution based on the framers' original intent.
    • Emphasizes a literal reading of constitutional texts, limiting judicial intervention.

    Comparison: Judicial Activism vs. Judicial Restraint

    • Judicial activism involves policy-making and reinterpreting the Constitution.
    • Judicial restraint keeps judges' roles minimal regarding policy decisions, reserving those for legislative and executive branches.

    Media Representation of Judicial Restraint

    • Utilized in reporting and discussions, which may reflect societal attitudes and trends.
    • Often a topic of debate in relation to landmark Supreme Court cases and their implications.

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    Description

    This quiz explores the concepts of Judicial Activism and Judicial Restraint, providing key definitions and distinctions between the two. Use these flashcards to understand how these philosophies influence court rulings and the interpretation of the Constitution.

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