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

Judicial Review: A Review of "Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis" In "Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis," Daniel Cole discusses the role that judicial review has played in the protection of private property rights. He begins by stating the assumption that judicial review has played a critical role in the maintenance of private property rights and then questioning that assumption.

Supreme Court and Public Opinion The Supreme Court of the United States was established in 1789 as part of the basic three sections of the American governmental system: Executive (President and Staff), Legislative (Congress), and Judicial (Supreme Court System). Each U.S. State also has a supreme court, which is the highest law for interpreting cases that move into that jurisdiction. Essentially, the Supreme Court has the ultimate jurisdiction over all federal

Tushnet (2005) defends his point-of-view by writing that the advocates of the Stuart lawsuit placed the argument that Justices of the Supreme Court, even though, had the authority to be Supreme Court Justices, but they could not be Circuit Court Judges if the position of Circuit Court Judges already taken up by others had been eradicated. Furthermore, they stated that the eradication of the Circuit Judges had been, in fact,

Judicial review allows lawmakers to reflect changing morals and ideals when enacting legislation, but prevents them from allowing the hot-button topics of the moment to determine the laws of a nation. In fact, to really understand the success of judicial review, one need only look to the election in the Ukraine, where the Ukrainian Supreme Court may be the only body far-enough removed from party politics to ensure that

As Treanor emphasizes, "What appears to be a puzzling, unconvincing, and uniquely aggressive exercise of judicial review was fully consistent with prior judicial decisions in which courts had invalidated statutes that trenched on judicial authority and autonomy" (455). Texas v. Johnson (1989). Perhaps as no other issue in the post-September 11, 2001 climate is that of flag-burning. The debate is heated and emotionally charged, and it is easy to get