judge with strong belief in stare decisis, having a narrow view of the constitution, more likely to believe in a literal interpretation and smaller government
imperial judiciary
a judiciary that is all powerful and on which checks and balances are weak and ineffective
judicial activism
an approach to judicial decisions that holds a judge should use their position to promote desirable social ends
judicial restraint
hold a Justice should defer to the executive and legistaltive branches which are politically accountable to the people and should put emphasises on precedent
judicial review
the ability of the supreme court to declare acts of congress and or actions of the presidency, unconstitutional and therefore null or void
liberal justice
a justice who interprets the constitution more broadly to give more people more freedom and bring about social change
living constitution
the idea that the constitution is an evolutionary document that can change over time through re-interpretations by the supreme court
originalism
the idea that the meaning of the constitution is fixed and should not be subject to interpretation
public policy
legislation and judicial decisons made on any policy that affect the whole of the US population
stare decisis
the doctrine is built on the idea of standing by decided cases, upholding precedent - thus tends to favor status quo
strict/loose constructionist
legal philosophy that favours broad interpretations of a documents language, used to contrast strict constructionist a philosophy that favors looking solely at written text of law.
swing justice
an informal name for the justice on the supreme court who falls ideologically in the centre of nine current justices.
constitutional rights
rights specifically outlined for citizens within the US constitution, bill of rights and subsequent amendments
racial equality
equal regard to all races. it can refer to belief in biological equality and social equality for people of different races.
affirmative action
a policy favouring historically disadvantaged members of a community