Should the supreme court practice judicial activism or judicial restraint? Flashcards
(25 cards)
What is judicial activism?
Judicial activism is the practice where judges interpret the law in a way that reflects contemporary values and conditions, often leading to changes in policy.
What is judicial restraint?
Judicial restraint is a legal philosophy that encourages judges to limit the exercise of their own power, avoiding the overturning of laws unless they clearly violate the Constitution.
True or False: Judicial activism often leads to the courts making decisions on political issues.
True
Fill in the blank: Judicial activism is often criticized for being too __________.
political
What is one argument in favor of judicial activism?
It allows the courts to address social injustices and protect minority rights.
What is a common criticism of judicial restraint?
It may lead to the courts being passive and not protecting individual rights.
Multiple Choice: Which of the following best describes a proponent of judicial restraint? A) Activist judge B) Conservative judge C) Liberal judge
B) Conservative judge
What landmark case is often cited as an example of judicial activism?
Roe v. Wade
In which scenario would a court likely practice judicial restraint?
When asked to rule on a law that reflects popular opinion and does not violate the Constitution.
True or False: Judicial activism is synonymous with liberalism.
False
What role does public opinion play in judicial activism?
Judges may consider public opinion to ensure their rulings are relevant to current societal values.
Fill in the blank: Judicial restraint emphasizes the importance of __________ over personal beliefs.
precedent
What is one potential consequence of judicial activism?
It can lead to a perception of the judiciary as a political actor rather than an impartial arbiter.
Multiple Choice: Which of the following is NOT a reason supporters of judicial restraint argue for its practice? A) Preserving the separation of powers B) Promoting social change C) Upholding the Constitution
B) Promoting social change
How might judicial activism affect the balance of power among branches of government?
It can shift power towards the judiciary by allowing it to make policy decisions typically reserved for the legislative branch.
True or False: Judicial restraint is more common in conservative courts.
True
What is a key factor that influences a judge’s decision to practice judicial activism?
Their personal beliefs and values regarding social issues.
Fill in the blank: The concept of __________ refers to the idea that courts should avoid stepping into legislative functions.
judicial restraint
What is an example of judicial restraint in action?
The Supreme Court declining to hear a case regarding a controversial state law.
Multiple Choice: Which judicial philosophy allows for more flexibility in interpreting the Constitution? A) Judicial activism B) Judicial restraint
A) Judicial activism
What impact does judicial activism have on civil liberties?
It can enhance civil liberties by interpreting laws in a way that expands individual rights.
What is the primary focus of judicial restraint?
To maintain the status quo and respect the decisions made by elected officials.
True or False: Judicial activism is generally supported by those who advocate for social reform.
True
What do critics of judicial activism argue regarding its impact on democracy?
They argue that it undermines democracy by allowing judges to make decisions that should be made by elected representatives.
