An appropriate role for the judiciary
What constitutes an appropriate role for the judiciary? Some people argue that courts have become too powerful and that judges legislate from the bench. What does it mean for a court to be activist? What does it mean for a court to show judicial restraint? Although conservatives have long complained about the activism of liberal justices and judges, in recent years liberals have pointed out that conservative judges and justices are now more likely to overturn precedents and question the power of elected institutions of government. Conservatives counter by saying they are simply returning to an older precedent that had been ignored by liberals. If both liberals and conservatives engage in judicial activism, what is the role of the concept of “activism” (perhaps judicial activism is just a term used to describe a court decision you disagree with)?
Sample Answer
The appropriate role of the judiciary is a complex and contested issue. There is no single answer that will satisfy everyone. However, some general principles can be outlined.
The judiciary is one of the three branches of government, along with the legislature and the executive. The judiciary’s role is to interpret the law and apply it to the facts of individual cases. It is not supposed to make new laws or change existing laws. However, the judiciary does have the power of judicial review, which means that it can strike down laws that it finds to be unconstitutional.
The term “judicial activism” is used to describe the tendency of judges to interpret the law in a way that expands their power or that advances their own policy preferences. Judicial restraint, on the other hand, is the tendency of judges to defer to the decisions of the other branches of government and to interpret the law in a narrow way.