Podcast
Questions and Answers
Which of the following best describes the primary focus of judicial review?
Which of the following best describes the primary focus of judicial review?
- Assessing the legality and constitutionality of laws and actions. (correct)
- Interpreting laws to fill existing gaps.
- Initiating legal challenges in the public interest.
- Addressing social issues and ensuring justice.
What is a key characteristic that distinguishes judicial activism from judicial review regarding their approach to law?
What is a key characteristic that distinguishes judicial activism from judicial review regarding their approach to law?
- Judicial review is dynamic and interventionist, whereas judicial activism is conservative and limited.
- Judicial activism focuses on assessing the legality of laws, while judicial review emphasizes broader interpretation.
- Judicial review addresses policy gaps, while judicial activism ensures constitutional validity.
- Judicial activism focuses on a broader interpretation of laws and rights, while judicial review focuses on assessing legality. (correct)
How does the initiation of judicial action typically differ between judicial review and judicial activism?
How does the initiation of judicial action typically differ between judicial review and judicial activism?
- Judicial activism is typically initiated through petitions, while judicial review responds to public interest litigation.
- Both judicial review and judicial activism are exclusively initiated through petitions and legal challenges.
- Judicial review is often self-initiated, while judicial activism requires petitions or legal challenges.
- Judicial review is typically initiated through petitions or legal challenges, while judicial activism is often self-initiated or in response to public interest litigation. (correct)
Which of the following is the closest antonym to the 'conservative' nature of judicial review?
Which of the following is the closest antonym to the 'conservative' nature of judicial review?
What is the main purpose of judicial activism according to the provided text?
What is the main purpose of judicial activism according to the provided text?
If a court interprets a law in a way that actively addresses a societal problem not explicitly covered by the law, is it more aligned with judicial review or judicial activism?
If a court interprets a law in a way that actively addresses a societal problem not explicitly covered by the law, is it more aligned with judicial review or judicial activism?
A judge refuses to hear a case because they believe it is a policy matter best left to the executive branch. This aligns most closely with which judicial philosophy?
A judge refuses to hear a case because they believe it is a policy matter best left to the executive branch. This aligns most closely with which judicial philosophy?
Which aspect of judicial review ensures the government remains within the bounds defined by the constitution?
Which aspect of judicial review ensures the government remains within the bounds defined by the constitution?
In what scenario would a judge most likely engage in judicial activism rather than judicial review?
In what scenario would a judge most likely engage in judicial activism rather than judicial review?
A court strikes down a law because it believes the law infringes upon unenumerated rights (rights not explicitly listed in the constitution) and violates the spirit of the constitution. This action is considered:
A court strikes down a law because it believes the law infringes upon unenumerated rights (rights not explicitly listed in the constitution) and violates the spirit of the constitution. This action is considered:
Flashcards
Judicial Review Definition
Judicial Review Definition
The power of courts to examine the constitutionality of laws, executive orders, and actions.
Judicial Activism Definition
Judicial Activism Definition
The proactive role of the judiciary in interpreting laws to address gaps or ensure justice.
Purpose of Judicial Review
Purpose of Judicial Review
To ensure that laws and actions are consistent with the Constitution.
Purpose of Judicial Activism
Purpose of Judicial Activism
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Nature of Judicial Review
Nature of Judicial Review
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Nature of Judicial Activism
Nature of Judicial Activism
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Approach of Judicial Review
Approach of Judicial Review
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Approach of Judicial Activism
Approach of Judicial Activism
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Initiation of Judicial Review
Initiation of Judicial Review
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Initiation of Judicial Activism
Initiation of Judicial Activism
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Study Notes
Differentiation Between Judicial Review and Judicial Activism
Definition
- Judicial review is the power of courts to examine the constitutionality of laws, executive orders, and actions.
- Judicial activism is the proactive role of the judiciary in interpreting laws to address gaps or ensure justice.
Purpose
- Judicial review ensures that laws and actions are consistent with the Constitution.
- Judicial activism helps to advance justice, address social issues, or correct legislative and executive inaction.
Nature
- Judicial review is conservative and limited to constitutional validity.
- Judicial activism is dynamic and interventionist, often addressing policy gaps.
Approach
- Judicial review focuses on assessing legality.
- Judicial activism focuses on the broader interpretation of laws and rights.
Initiation
- Judicial review is typically initiated through petitions or legal challenges.
- Judicial activism is often self-initiated by the judiciary or in response to public interest litigation (PIL).
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