Judicial Activism and Judicial Restraint Flashcard

Front

What is the main principle behind judicial restraint?

Back

To uphold laws

Front

Which philosophy believes that the Court should limit its power over legislation? Options: None of the above, Judicial activism, Judicial restraint, Both judicial activism and judicial restraint

Back

Both judicial activism and judicial restraint

Front

What does judicial activism aim to protect individuals from?

Back

Unconstitutional laws

Front

Which famous case during the 1950s and 1960s is an example of judicial activism?

Back

Brown v. Board of Education

Front

What is the main criticism of judicial activism?

Back

Legislating from the bench, Allowing personal views to affect decisions, Disregarding precedent

Front

Which philosophy believes that the Court should use its power to broaden the law?

Back

Judicial activism

Front

What does judicial restraint aim to avoid infringing on? Options: The president's power to interpret law, The Court's power over legislation, Congress' or states' roles in making and passing law, The people's direct say in Court appointments

Back

Congress' or states' roles in making and passing law

Front

What is the role of the Court according to judicial restraint?

Back

To determine how law applies

Front

What is the main criticism of judicial restraint? Options: Legislating from the bench, Disregarding precedent, All of the above, Allowing personal views to affect decisions

Back

Disregarding precedent

Front

What is the main principle behind judicial activism?

Back

To interpret law in a way that makes new law