JUDICIAL
RESTRAINT
Definition
Examples
Picture
Court Cases
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Judicial Restraint and Judicial Activism: Understanding the Roles of Judges in Law Making, Study Guides, Projects, Research of Judicial Systems
An overview of Judicial Restraint and Judicial Activism, two contrasting approaches to decision making by judges. Judicial Restraint emphasizes the importance of adhering to the original intent of the constitution and precedent, while Judicial Activism encourages judges to make bold decisions based on changing societal conditions and values. definitions, examples, and court cases for both concepts.
What you will learn
- What is the role of precedent in Judicial Restraint?
- How does the original intent of the constitution play a role in Judicial Restraint?
- Can you provide examples of Supreme Court cases that illustrate Judicial Activism?
- Can you provide examples of Supreme Court cases that illustrate Judicial Restraint?
- What is the difference between Judicial Restraint and Judicial Activism?
Typology: Study Guides, Projects, Research
2021/2022
1 / 11
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JUDICIAL
RESTRAINT
Definition Examples Picture Court Cases
Judicial Restraint
Judicial Restraint
- Elected legislators, not appointed judges should make laws
- Regardless of what is going on in society, the judges refrain from making decisions that would drastically change society.
- They “restrain” themselves from setting new policies with their decisions.
- They make decisions strictly based on what the Constitution says.
Judicial Restraint
Picture – Draw a picture that represents this concept, you could use an example from one of the court cases you find
Judicial Activism
Definition
DEFINITION
- Judges should act more boldly when making decisions on cases
- Law should be interpreted and applied based on ongoing changes in conditions and values.
- As society changes and their beliefs and values change, courts should then make decisions in cases the reflect those changes.
Judicial Activism
Draw a picture that represents this concept, you could use an example from one of the cases you find below.
Judicial Activism
Example – Brown v. Board of Education- 1954 Give 5 examples of Supreme Court cases that used Judicial Activism. Use the back of your book starting on page R23. Just list the court case name.