close
test_template

Judicial Activism Vs. Judicial Restraint in America

Human-Written
download print

About this sample

About this sample

close
Human-Written

Words: 324 |

Page: 1|

2 min read

Published: Jan 15, 2019

Words: 324|Page: 1|2 min read

Published: Jan 15, 2019

As we rely on our judicial system more and more to protect the rights of the citizens in the United States we must review the concepts of judicial restraint versus that of judicial activism. The concept of judicial restraint encourages the judges to almost “police” themselves when utilizing their judicial powers. Under this concept we are looking at judges limiting the exercise of their own power and only using their power if they feel that a law or verdict is unconstitutional (Kemic, 2004). The issue that we have then encountered is what determines if it is really unconstitutional, as this has come to show realization that the view is varied in these regards too.

When analyzing the differences between judicial restraint and judicial activism we are indeed looking at complete opposites. Judicial activism is the interpretation of the Constitution, where Judicial Restraint limits the power that a judge has to strike down a law, and is fact based without interpretation. In judicial restraint the judges uphold the law and do not strike down anything unless it is found unconstitutional. Judicial activism has a great influence on social policies which have become more and more prevalent in our society today. In Judicial activism judges are given the power to overturn rulings, and laws when Constitutional bodies are felt to not be acting appropriately.

When analyzing the backgrounds and rulings that have occurred under Justice Sotomayor and Justice Thomas, we find a perfect balance of judicial activism through Justice Sotomayor, and Judicial Restraint through Justice Thomas. These two individuals while working for the same common goal has two very different approaches which assisted them in their being nominated to the Supreme Court as it would allow for the panel to be balanced, and believed to help achieve the outcomes on rulings that were necessary to continue to move decisions along and keep society in general happy with the laws and governing’s that were taking place.

Image of Dr. Oliver Johnson
This essay was reviewed by
Dr. Oliver Johnson

Cite this Essay

Judicial Activism vs. Judicial Restraint in America. (2019, January 03). GradesFixer. Retrieved November 13, 2024, from https://gradesfixer.com/free-essay-examples/comparison-of-the-differences-and-similarities-between-the-judicial-activism-and-judicial-restraint-ruling-system-in-america/
“Judicial Activism vs. Judicial Restraint in America.” GradesFixer, 03 Jan. 2019, gradesfixer.com/free-essay-examples/comparison-of-the-differences-and-similarities-between-the-judicial-activism-and-judicial-restraint-ruling-system-in-america/
Judicial Activism vs. Judicial Restraint in America. [online]. Available at: <https://gradesfixer.com/free-essay-examples/comparison-of-the-differences-and-similarities-between-the-judicial-activism-and-judicial-restraint-ruling-system-in-america/> [Accessed 13 Nov. 2024].
Judicial Activism vs. Judicial Restraint in America [Internet]. GradesFixer. 2019 Jan 03 [cited 2024 Nov 13]. Available from: https://gradesfixer.com/free-essay-examples/comparison-of-the-differences-and-similarities-between-the-judicial-activism-and-judicial-restraint-ruling-system-in-america/
copy
Keep in mind: This sample was shared by another student.
  • 450+ experts on 30 subjects ready to help
  • Custom essay delivered in as few as 3 hours
Write my essay

Still can’t find what you need?

Browse our vast selection of original essay samples, each expertly formatted and styled

close

Where do you want us to send this sample?

    By clicking “Continue”, you agree to our terms of service and privacy policy.

    close

    Be careful. This essay is not unique

    This essay was donated by a student and is likely to have been used and submitted before

    Download this Sample

    Free samples may contain mistakes and not unique parts

    close

    Sorry, we could not paraphrase this essay. Our professional writers can rewrite it and get you a unique paper.

    close

    Thanks!

    Please check your inbox.

    We can write you a custom essay that will follow your exact instructions and meet the deadlines. Let's fix your grades together!

    clock-banner-side

    Get Your
    Personalized Essay in 3 Hours or Less!

    exit-popup-close
    We can help you get a better grade and deliver your task on time!
    • Instructions Followed To The Letter
    • Deadlines Met At Every Stage
    • Unique And Plagiarism Free
    Order your paper now