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Judges Philosophy Methods Essay

717 words - 3 pages



Each judge has the option to choose which of the two philosophies they should use when judging a case. Judges use either judicial restraint or judicial activism as a method of judgement. Judicial restraint is when a judge does not believe that their opinion is relevant when judging a case, so they would use a past case as a guide to help make current judgement. Judicial activism is when a judge uses their own opinion which is based from modern ways. These two philosophies are the ways they differentiate judges in the court system.

Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. These judges are limiting their own power because they are not using it to its advantage, instead they are using past Judges personal interpretations on the constitution . Were as creating their own interpretations to help defend a case. Example, if a judge were to be given a case on abortion, the judicial restraint viewing judge would handle this case by looking back on a previous case such as Roe Vs. Wade. Roe Vs.Wade deals with abortion in the sense it wanted to approve of the act. This case was declared unconstitutional.If a judge today was to use the judicial restraint as a method for dealing with a similar case , he would use that case as a precedent.

Judicial activism is the view that the supreme court and other judges can and should creatively reinterpret the texts of the constitution and laws in order to serve the judges own visions. This philosophy can help with paving the way for case topics that are always judged as unconstitutional or constitutional.When a judge uses his own creative interpretation on a matter it will create a change on that pacific topic. According to Martin Garbus , in his book Courting Disaster , The supreme Court and the unmaking of American Laws, claims the Marshall Court, New Deal Court, Warren Court and Rehnquist Court all made decisions that had basis in political agendas, rather than laws. A case...

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