2.10

• Judicial Activism


  • A court acts to establish policy and its work, considers the broad effects of a decision on society
  • Says the Court is going beyond the Constitution to establish the will of the majority
• Judicial Restraint


  • Judges are not appointed to make policy
  • A law should be struck own only if it violates the word of the Constitution
  • Can keep judges from overturning needed precedents
• Life tenure allows the court to function independent of the current political climate
• The Court, due to this independence, can deliver controversial or unpopular court decisions, which in turn can lead to debate about the court's power
• Judicial activism


  Asserts that judicial review allows the courts to overturn current Constitutional and case precedent or invalidate legislative or executive acts
• Judicial restraint


  Asserts that judicial review should be constrained to decisions that adhere to current Constitutional and case precedent