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Essay

Activism in Disguise: A inquiry into the motives of Judicial Restraint

Essay specific features

 

Issue:

Philosophy

 

Written by:

Tobie W

 

Date added:

January 17, 2016

 

Level:

University

 

Grade:

A

 

No of pages / words:

10 / 2653

 

Was viewed:

836 times

 

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Essay content:

This essay primarily will focus on the latter of the two systemic legal manifestations. According to Dworkin, the program of judicial restraint “argues that courts should allow the decisions of other branches of government to stand, even when they offend the judges’ own sense of the principles required by the broad constitution doctrines” (432)...
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Essentially, judicial restraint occurs when a judge passively deems a particular decision ‘out of his court’s jurisdiction’, effectively allowing that particular issue to be decided in a lower court, with the legislature, or at the will of the people. Such deference of power, in the case of judicial restraint, Dworkin claims is directly and systematically opposed to judicial activism, a process where judges actively and directly decide a particular case/issue based on their respective moral agendas...
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General issues of this essay:
DICKERSON V. UNITED STATES SUPREME COURT OF THE UNITED STATES Funk v. United States, Case Brief Historical Foundations Of The United States Constitution Judicial activism is necessary to protect the rights of American Citizens. How An Individual’S Power, Money, And Or Socioeconomic Status Can Affect The Justice Administered To Them By The United States Judicial Branch. Abandoned Property? A Case Review: International Aircraft Recovery, L.L.C v. United States of America United States Constitution And The United States Legal System In Business Regulation. Abortion - A big moral issue in the United States Supreme Court Case of Dennis v. United States, 1951 The Death Penalty: Federal Or State Issue? Activism in Disguise: A inquiry into the motives of Judicial Restraint The Impact of Media Hype on Consumer Demand: The Case of Mad Cow Disease in the United States Abortion United States Supreme Court in the 1973 No Longer A Question of Morality: Gay Rights in the United States Social Development In Turkey With European Union Implications
 

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