Judicial Activism

4 posts

Judicial Activism means trying to change laws that are either imbalanced or broken from the start. It also involves procedural and administrative changes within any court or political body.

“When a judge makes a decision that is not supported by the law, this is judicial activism. Judicial activism can be either good or bad. An example of when it’s considered to be good would be if the judge decides to strike down an unconstitutional provision in legislation.”

Judicial activism is a hotly contested issue. Some people think that judges should make decisions based on their interpretation of the law and others believe that they should follow precedent, or what has been set by previous courts in similar cases. The Supreme Court has played an important role in determining how much power judicial activists have with regards to making decisions. In Marbury v Madison (1803), Chief Justice John Marshall wrote: “It cannot be presumed that any clause in the constitution is intended to be without effect.” This sets out the doctrine of “judicial review” which states that judges can overturn legislation if it contradicts the Constitution, even though this is not explicitly stated within it. What’s more, the principle of stare decisis requires them to uphold past

“Judicial activism” may sound like a good thing, but it is not. Activism is when people are active in order to bring about change. Judicial activism means that judges make new law or changes the interpretation of existing laws without going through the proper channels and procedures. This can be bad because courts are supposed to look at cases individually and decide what should happen based on the facts of each case rather than making up their own rules. The problem with judicial activism is that there’s no way for anyone else to know how they would have decided a particular case if they were in charge, which leaves them feeling powerless and disrespected by our country’s highest court.

Activist judges are a real threat to society

It’s our responsibility as citizens to be able to support the decisions made by judges. The judicial branch of government is a vital one, and it needs advocates. Judges are not immune to the influence of politics or public opinion. Still, when they make unpopular decisions with certain groups, it often seems difficult for those people to voice their disagreement. This blog post will explore how activist judges have affected American society over the past […]

Judicial activism vs. Judicial restraint

The debate between judicial activism and judicial restraint is an ongoing one. Judicial activists believe that the Supreme Court should take action on abortion, same-sex marriage, or capital punishment to make decisions fairer for everyone involved. On the other hand, judicial restraint is when a judge decides not to do anything about a law that may be unconstitutional because they don’t want to overstep their boundaries. This article will discuss both sides of this issue […]

Death penalty famous cases and Brandon Bernard’s execution

These famous death penalty cases are part of a broader issue that has been debated for centuries, and there are many famous cases where the state executed people, some with more or less controversy. This article reviews some of these cases to give you a sense of what each side might be thinking when deciding whether they believe in capital punishment or not. The death penalty is a controversial topic that continues to spark debate. […]

Five famous Supreme Court cases in 2020

Since taking office in 2017, President Trump has been issuing executive orders at an alarming rate. With the 2020 elections looming, we’re wondering what his next order will be. What battles await our country over the next four years? We’ve compiled a list of five Supreme Court cases that could make their way to the top of the 2020 docket.We’ll look at these 5 cases and break down how they could affect your life – […]