Supreme Court opinions and dissents are essentially reflections of judicial self-restraint or judicial activism. Generally, the Supreme Court reflects judicial self-restraint or judicial activism through the use of the doctrine of standing in majority opinions and in dissenting opinions respectively. This implies that judicial self-restraint and judicial activism are terms in current legal language that describe opposite approaches that are taken by judges to interpret various issues relating to a case (Pinelli, p.31). In this instance, judges interpret the meaning of words and the intentions of their authors in a manner that is considered adequate in resolving a case. Judicial self-restraint and judicial activism are evident in the opinions and dissents of Supreme Court cases such as Allen v. Wright, Lujan v. Defenders of Wildlife, and Chevron v. Natural Resources Defense Council.
The Concepts of Judicial Self-Restraint and Judicial Activism
Generally, judicial self-restraint and judicial activism are concepts that have emerged in the legal field because of the two contradictory poles of opinion regarding the accurate institutional role of the Supreme Court and constitutional interpretation process (Cox, p.121). Judicial activism is the view of the Supreme Court as a political body that is accurately involved in pursuing policy goals and objectives. However, the Court is limited by jurisdictional rules and the custom of covering judicial policymaking in legal profession concepts. Based on this view of the Court's judicial function, it can be argued that the Supreme Court politicizes constitutional interpretation process. Judicial activism is based on the belief that law in only policy and judges should focus on developing the good society depending on their own vision.
On the contrary, judicial self-restraint is a limited view of nature of judicial process that stresses at least one of four major considerations. First, judicial self-restraint stresses values of self-government and majority rule through which the Supreme Court enforces its social, political,...
American Government: Judicial Branch1. In order for a court to hear a case, it must have jurisdiction. What is jurisdiction? Distinguish between original jurisdiction and appellate jurisdiction.The term �jurisdiction� is used to refer to the legal authority or power of a court, government, or administrative body to administer justice, make decisions, and enforce laws within a defined geographic or specific subject matter area. The term also subsumes the scope and
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Though six other Justices joined in overturning Staples' conviction, it was Justice Thomas who wrote the majority opinion, and he makes it clear that anything not explicitly allowed or made illegal by the law -- either in the Government's actions or in the actions of individual citizens -- is left to individual (or local, it is implied) discretion (Oyez 2009). How Do You Get to the Supreme Court? Restraint, Restraint,
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