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    Judicial Activism and Judicial Restraint

    Number of Pages: 10


    Summary of the research paper:

    In ten pages this paper discusses judicial activism and judicial restraint in a case consideration of judicial review's concepts. Seven sources are cited in the bibliography.

    Name of Research Paper File: RT13_SA142jst.rtf

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    concepts. Specific cases are discussed in depth in order to demonstrate examples of judicial restraint and judicial activism. Bibliography lists 7 sources SA142jst.rtf I. Introduction  There is always much political debate when electing presidents as to whether or not they are conservative or liberal  and how they will choose Supreme Court justices. Will a conservative president select a justice that might overturn Roe? Will a liberal president select a liberal court justice that believes  in judicial activism? All of these things are serious concerns and also at issue is the debate between the idea of judicial restraint and judicial activism. In the twentieth  century a debate between judicial restraint and judicial activism had in fact developed. In order to fully understand the concepts a look at judicial review would be most helpful. Judicial  review is actually the power of American courts to decide whether the acts of all branches of the U.S. government as well as government officials comply with the Constitution ("Judicial  Review," 1991 ). Judicial review is an American innovation, based on the premise that the Constitution is the true law of the land, rather than a superfluous document (1991). Judicial  review may be performed by either federal or state judges; however, it has become most associated with the Supreme Court (1991). Although the Constitution does not specify the concept, judicial  review has evolved as the document did intend for the judiciary branch of government to check on the other branches (1991). According  to The Readers Companion to American History "judicial restraint" and "judicial activism" refers to "the extent to which the Court defers to the constitutional determinations of other branches of government 

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