Exercise #1 1. Justice Charles Evans Hughes said, “We are under a Constitution,
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Exercise #1 1. Justice Charles Evans Hughes said, “We are under a Constitution, but the Constitution is what the judges say it is.” Would this statement support judic activism or judicial restraint? Explain. 2. Justice John Harlan said, “The Constitution is not a panacea (cure) for every blot upon the public welfare, nor should this court, ordained as a judicial body, be thought of as a general haven for reform movement.” Does this statement support judicial activism or judicial restraint? Explain. Exercise #2 1. List three main points in the argument for judicial activism. 2. Which point do you consider the most important. Why? Exercise #3 1. List three main points in the argument for judicial activism. 2. Which point do you consider the most important. Why? Make a judgment about judicial activism 1. What’s re some possible bad consequences of judicial activism? 2. What are some possible good consequences of judicial activism? 3. How might judicial activism affect you? 4. How light judicial activism affect others in our society? 5. Is judicial activism a good idea? Should judges follow a policy of judicial activism? //ttuk 12 blackboard.com/webapps/blackboard/execute/content/blankPage?cmd view&content id 7617.18course id 375 1 CAREFULLY follow the instructions below in order to complete AND submit this Application section of your Lesson Assignment 1. Read "How Should Judges Use Their Power? (you may read the passage below or cick here for a printable PDF (open new.windoe) of this document) 2 You wil find questions about the pa age at the bottom of thi page After you have rea the ass ned reading, copy the questions AND th an er below them and paste them into a word processing program such as MS Word 3 Type your answers only to each question beside the corresponding number in the answer list WordPad, elc. When you have inished answering all of the questions, highlight and copy the ANSWER LIST ONLY 5 Click on the Lesson Six: Assignment - Application (Answer Submission) link, then follow the directions to paste your answer list into the provided textbox How Should Judges Use Their Power? Rep ted from this Constitution ABeentennial Cronide Fal 1985 pub shed by Prgeet 87 of the Amercan Polt cal Sc ence Associaton and Amencan Heto al Asso aton 1985 by the APSA and AHA Today, federal judges are making decisions affecting areas many people beleve should be beyond their jurisdiction. Other people approve of the active role the courts have come to play in our daily lives Here are some examples of the kinds of decisions judges have been making in recent years . An Alabama federal district judge barred state prisons from admiting more inmatos until they reduced prison overcrowding Later, the judge ordered sweeping changes in the administration of the prison system The changes cost $40 milion a year . A federal judge in Cleveland ordered the city's bankrupt school system to stay open ignoring state laws that required the schools to close when they ran out of money The judge reasoned that because school officials had wasted money defending segregation, the schools should remain open ln Boston afederal udge ordered the busing of 240 high school He ordered S125.000 in repairs for the school students to promote geal · integration of blacks a dv teste dgetok er administrati nofonene tegrated . A federal judge ordered Ohio mental health officials to give patients in sate hospitas more freedom, privacy and recreation privileges An Active Role for Today's Courts In recent years the courts have begun tackling problems assumed in the past to be the responsibility of school boards, prison superintendents hospital administrators, and legislators Across the nation, far-reaching federal court decisions have reorganized prison systems opened and closed schools, filed seats on school boards, determined routes for highways influenced the choice of sites for nuclear power plants and instructed state and local officials in how to do their jobs On what grounds have judges taken such actions? Sometimes, a consitutional argument supports such court decisions For example judges have ordered changes in prison systems ike Alabama's because the courts have found prison conditions so barbaric that they violated the Eighth Amendment's ban on "cruel and unusual punishment. "At other times courts interpret the meaning of laws or design remedies for viclations of the law For example judges have ordered police departments to hire blacks and other minorišies in compliance with federal civil rights laws 3-26 PMExplanation / Answer
1) "We are under a constitution, but the constitution is what the judges say it is", is a statement which clearly supports judicial activism rather than judicial restraint as it suggests clearly that the constitution along with the entire legal and statutory Framework governing justice is open to personal interpretation of the judges and lawyers rather than the legal interpretation imposed upon it by administrators and jurists. The term judicial activism define court rulings and decisions which are based on personal interpretation of the judges rather than long existing laws and their interpretation on the basis of precedents set earlier. These interpretations specifically go against precedents established and existing interpretations of the constitution and laws.
2) the statement supports judicial restraint as it indicates the role of the judge being the interpretation of the Constitution along with all existing laws in strict accordance with precedents or acts of the Congress which define the laws. Judicial restraint actively discourages personal interpretation of loss and believes that judges should refrain from exercising their powers to bring about social reforms by providing judgements which may disregard precedents along with accepted interpretation of the applicable laws. Duty of judges is to maintain a balance within society and the mental branches by impartially imparting justice on the basis of and with reference to the existing laws as predefined, without allowing any personal influence our interpretation to intervene in the process.
2)1) judicial activism in certain cases can have the advantage of correcting existing injustice within society or the system itself. With constant changes and development within society it is essential that the laws and judicial decisions we accordingly modified to adapt to such changes. Resistance to change can result in rendering the objective and goal of the judiciary irrelevant and inefficient in imparting justice. An exemplary instance of judicial activism being used for advocating social reform for the larger benefit of society by disregarding established precedents was in correction of the interpretation of the 14th amendment separate but equal clause in the Supreme Court judgement of Brown vs Board of Education.
It allows judges to establish higher accountability and responsibility by sending a strong message through the judgement which ensures implementation of ethical and moral values along with required equitable justice. with extensive prevalence of unethical practices within the economic environment for maximization of profits even when resulting in subsequent harm to individuals and Society due to poor quality of products. Exemplary judgements on such cases brought before the judiciary can stress upon the mandatory and basic obligation of duty of care which needs to be followed by every individual within society. For example the strict liability element under the product liability can be given clearer definition by judges and negate influence large corporates me hold within the Congress and judiciary.
A major advantage of judicial activism is that it inspires judges to use their own experience, thinking and judgement by due analysis of all relevant facts and application of the rules and regulations of law in an innovative manner which way result in exceptional benefit with positive changes within society. The major negative connotation this could have is of justice being denied due to personal interpretation and undue influence of the judge involved. However, this is adequately controlled by the natural inbuilt system ups and balances within the judiciary which provides an option overruling of a judgement with an appeal to a higher Court.
2)2)I would consider the advantage of widespread social reform due to critical analysis of laws and precedents as they exist and their applicability to the present situation when society and the environment at large have experienced vast changes as the most important advantage. Without change every law can lose its relevance and effectiveness by losing its ability to achieve the desired result of ensuring justice prevails. Judicial activism subjects the interpretation of laws as they exist and also the precedents through an essential critical analysis in the given scenario to disregard its applicability and provide a different interpretation which may be more suitable and applicable with better results in being fair to all concerned.
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