Judicial Activism

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Humanities

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  • Write a 2-3 page, APA style paper on judicial activism. Present the arguments on both sides of the question as to whether judges should interpret or simply apply the Constitution. Research and provide more current examples (the current Supreme Court docket) and predict how you think the justices will decide.Then think about the idea that if one can predict the decisions of the justices on the Supreme Court--where does that leave the idea that no case is prejudged?Please include 2-3 references. Only one reference may be from an internet source (not Wikipedia) the other references must be located in the University Online Library. Only the body of the paper will count toward the page requirement. Include a title sheet.

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Explanation & Answer

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Running Head: JUDICIAL ACTIVISM

Judicial Activism
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JUDICIAL ACTIVISM
Judicial Activism
Judicial activism can be defined as the judicial rulings which are made on personal
opinion but not on the existing law (Coutinho, et al., 2015). Judicial activism is also referred
to as the judicial restraint. In the United States, judicial activism brings rise to controversial
political issues especially on specific decisions which are deemed as activism. One of the
issues brought about by judicial activism is constitutional interpretation.
Should Judges Interpret or Apply Constitution
Generally, the Constitution contains values that govern public officials and the public
at large. From the time in memorial, the political leaders take seriously the oath they take of
upholding the constitution (Yaniv, 2017). Any judgment that is made in a court of law is
based on the principles that are embalmed in the Constitution. This is to say that the
Constitution is the supreme law in a country. When judge...


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