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What Is The Difference Between Judicial Restraint And Judicial Activism

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Judicial restraint and judicial activism are two different approaches to interpreting and applying the law by judges in a court of law. While judicial restraint emphasizes the need for judges to limit their decisions and avoid interfering with other branches of government, judicial activism emphasizes the importance of judges taking an active role in shaping public policy and ensuring that the Constitution is being upheld. In this essay, I will discuss the differences between these two approaches and explore the advantages and disadvantages of each. Judicial restraint is often associated with a conservative or strict constructionist view of the Constitution. This view emphasizes the importance of interpreting the Constitution as it was originally intended, and limiting the power of judges to make policy …show more content…

This view emphasizes the importance of the Constitution as a living document that can evolve over time, and the need for judges to play an active role in shaping public policy. The proponents of judicial activism argue that judges should not be afraid to make bold decisions and should be willing to overturn laws that they believe are unconstitutional or unfair.One of the advantages of judicial activism is that it allows for a greater degree of creativity and innovation in the legal system. By allowing judges to play an active role in shaping public policy, judicial activism can lead to more progressive and forward-thinking legal decisions. This can be particularly important in areas such as environmental law, where new and innovative approaches are needed to address complex and rapidly changing challenges. Moreover, judicial activism can also help to protect the rights of minority groups and other vulnerable populations, as judges can use their power to ensure that the Constitution is being upheld and that individual rights are being

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