Judicial activism versus judicial restraint is one of the debates that has influenced American jurisprudence for many years. The reason for this is that it is very easy for any human’s mind to be clouded by their personal beliefs. In fact, in many professions, professional struggle with the ability to do what is right for their job versus what may be their moral principles or personal beliefs. It is based on this framework that the debate between judicial activism and judicial restraint originates. Judicial activism refers to the judicial rulings that are decided upon the judge’s political ...
Essays on Judicial Restraint
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Judicial Philosophy, Activism and Restraint
Judicial philosophy is defined as the way a prosecutor or judge interprets and understands the law. The laws that are followed around the world are considered to be universal but some have reservations when it comes to certain cases under unique circumstances. In scenarios like this, the judge would investigate and determine the real meaning of the written law and find out the real intent of why it is written. There are two main types of philosophy which is essential in decision making – the judicial activism and judicial constraint (The American Prospect n.p). Judicial activism is very much in ...
Free Judicial Interpretation: Theories And Philosophies Research Paper: Top-Quality Sample To Follow
Judicial Philosophies
Various philosophical approaches are used by judges to interpret law. They include liberal, conservative and moderate judicial philosophies. Judges that embrace a liberal judicial philosophy are of the view that the Constitution is a living document hence it is open to various angles of interpretation. Consequently, the philosophy tends to be inclined more towards jurisprudence that supports progressive ideas such as women’s rights, personal freedoms and the separation of state and religion. On the other hand, a conservative judicial philosophy opines that the Constitution is a fixed document and as such it has no room for interpretation. It ...