QQuestionPolitical Science
QuestionPolitical Science
"Some people think the Court should never disregard precedent or allow societal influences to affect their decisions. What do you think?
Use the chart below to think through some of the pros and cons of judicial activism. (There are arguments on both sides!)
PROS CONS"
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Answer
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Step 1: Begin by analyzing the pros of judicial activism.
Judicial activism refers to the practice of judges interpreting laws and constitutional provisions in ways that forward their own policy preferences, even if this means disregarding precedent. Here are some pros of this approach: - Allows the court to adapt to changing societal values and norms. - Can help correct past injustices and inconsistencies in the law. - Provides a check on the legislative and executive branches, promoting balance of power.
Step 2: Now consider the cons of judicial activism.
While there are benefits to judicial activism, there are also significant drawbacks: - Disregards precedent, creating uncertainty and inconsistency in the law. - Can be seen as overreaching and undermining the separation of powers. - May lead to decisions that are overly politicized and not based on legal principles.
Final Answer
In conclusion, while some people believe the court should never disregard precedent or allow societal influences to affect their decisions, there are arguments on both sides. Judicial activism has the potential to allow the court to adapt to changing societal values and correct past injustices, but it can also create uncertainty and undermine the rule of law. Careful consideration of the specific circumstances and issues at hand is necessary when evaluating the appropriateness of judicial activism.
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