None is supposed to be superior to any other. Separation of Powers – As mentioned above, the federal government’s powers are divided among Congress, the president, and the judiciary. As time passed, Courts utilizing judicial restraint began to adhere to the practice of stare decisis.

Its purpose was and is to provide the Supreme Law of the land. 3.

By signing up for this email, you are agreeing to news, offers, and information from Encyclopaedia Britannica.Be on the lookout for your Britannica newsletter to get trusted stories delivered right to your inbox. Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. 4.

Judicial activism. For more information on these two judicial philosophies, please visit the Federalist Society at www.fed-soc.org.

Judicial restraint provides some rules for judges to adhere to.

Rules provide more consistency. SCOTUS can only hear a handful of cases each year from jurisdictions that have conflicting opinions about the same or similar issue. 3.

It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate.

All Rights Reserved.

The Supreme Court is slowly but surely demonstrating, over a series of cases, that the First Amendment cannot plausibly be squared with public sector unions’ court-awarded power to require payments from non-members. This tool has significantly benefitted our nation in fixing many problems that were not addressed in the original Constitution such as all of the Bill of Rights, outlawing slavery, women’s suffrage, and the succession of power from the president to the vice-president.

However, the lack of agreed-upon definitions or examples complicates the picture.Judicial activism is the assertion (or, sometimes, the unjustified assertion) of the power of A judicial decision may also be called activist in a Complaints about activism have arisen in most countries where courts exercise significant judicial review, particularly within Since neither conservatives nor liberals claim that judicial decisions should be based on politics rather than law, the debate over judicial activism does not take the form of arguments for and against.

Professor of Law, University of Pennsylvania Law School, Philadelphia. SCOTUS can only hear a handful of cases each year from jurisdictions that have conflicting opinions about the same or similar issue.

Amendment Process – While purposely difficult, there is a way to change the Constitution through the Amendment Process. In such a case, the concern is that judicial activism overturns or ignores existing laws, which damages the democratic rule of law. Judicial restraint. The legislative branch is affected the most. This is when a question comes before the court involving a prior interpretation of the Constitution. the view that judges should decide cases strictly on the bassis of the language of the laws and the Constitution. ). When constitutional questions are “indispensably necessary” to resolving the case at hand, “the court must meet and decide them.” Ex parte Randolph, 20 F. Cas. Features

By using this approach, judges can exercise power to correct what they personally perceive as a legal injustice without focusing on the plain text, meaning, or original intent of the Constitution as it was written and approved by all states in the 1700’s. Also, these philosophies of interpreting law have been utilized by both liberal and conservative judges. This is a partial chronological list of cases decided by the United States Supreme Court during the Rehnquist Court, the tenure of Chief Justice William Rehnquist from September 26, 1986, through September 3, 2005. Affirmative Action: The Case for Judicial Restraint Posted by Anonymous | Oct 21, 2012 | United States If you haven’t been living under a rock for the past couple of weeks, you probably know that the Supreme Court is reviewing a case that challenges the constitutionality of race-based affirmative action programs across the country.

You may have heard phrases like, “Judge Brown is an activist judge” or “Judge Collins strictly adheres to the plain text of the Constitution.” These phrases and buzz words are typically used when criticizing or praising a judge. A Great Example of Judicial Restraint.

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