This website uses cookies to ensure you have the best experience. Learn more

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...

Find Another Essay On Judges Philosophy Methods

Democracy and Budgetary Process Essay

1506 words - 6 pages what these policies really are. Judicial restraint is a judicial philosophy in which judges adhere closely to precedent and play a minimal policymaking role, leaving this duty to only the legislators. Judicial activism on the other hand is a judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Those who advocate this policy stress that courts can correct needs, especially the ones not

Philosophy of Education Essay

1154 words - 5 pages teaching styles and will shed some light on my own philosophy of education. Blending both banking and libertarian styles is what I think makes one successful in life.Freire argues in the Pedagogy of the Oppressed that under the banking concept, the teacher knows all the knowledge and the student knows nothing. Therefore whatever the teacher teaches is true. In additional to this, teachers tend to dehumanize students during their class."It follows

Drug Courts: The Return of Rehabilitation

2340 words - 9 pages practices. In general, judges preside over drug court proceedings, monitor defendant's progress with mandatory treatment, counseling, and testing, and prescribe immediate sanctions and rewards as appropriate in collaboration with prosecutors, defense attorneys, treatment providers, probation officers and others. Drug courts bring the full weight of all interveners to bear, forcing the offender to deal with their substance abuse problem. "We're not just

The Exclusionary Rule: Redefining the Crminal Justice System

1294 words - 5 pages argument in favor of a criminal conviction while the Judge presiding will evaluate the all aspect of the criminal proceedings. Additionally, judges will ensure that the trial is fair for the defendant by protecting them by evaluating potential frivolous evidence collection practices, interpret the evidentiary value and purpose in which it will define, and remove such incriminating evidence that is subjected to Exclusionary Rule and found to have been

Introduction to Philosophy: This essay is about my philosophy of human nature and a comparison and contrast with Karl Marx's view of human nature. Essay includes resources

1650 words - 7 pages Philosophy of Human NatureMy philosophy of human nature is based on the existence of God. To get a more in depth view of my philosophy, I will explain in detail that I have a theistic view much like the philosopher St. Thomas Aquinas. I was raised in a deeply religious catholic family, who frequented church on a regular basis. This upbringing in the catholic setting has deeply impacted my view of human nature and the existence of God and how he

Do Parliament and the Courts defend individual liberties and Democratic Values?

2193 words - 9 pages philosophy over time. Kirby J states that the common law system is distinctly flexible as opposed to statutory law and explains that the process of reformation of law by judges is a complex protracted process on occasions lasting a decade. Therefore, amendments to laws cause the least amount of disruption within the system as a whole (Kirby J 2004).On the other hand, a distinct disadvantage is that legislative law has often changed suddenly and

Who is an educator ? A comparison between Aristophanes' "Clouds" and Plato's "Apology" to find an answer to the question

1101 words - 4 pages decides to send his son to this school. But, his son is against this offer since he has adherence to his God "Zeus" traditional education system under which boys are obedient, respectful and strong. At first, Strepsiades' son does not want to get such an education since this education introduces new philosophy and divinity. So, The chorus of clouds calls "right" and "wrong to a debate, here right represents old school and wrong represent new

George Bush as a Machiavellian Leader

1425 words - 6 pages philosophy is only applied to principalities, or what we call dictatorships in modern times.      Elected from the state of Texas, George Bush is a strictly right-winged conservative. When he was governor, Bush showed no clemency for the death row inmates which resulted in a record number of executions. He severely restricted women’s rights in Texas by legislating strict guidelines for abortion, making it very difficult for women to exercise

The Practice of Capital Punishment

1217 words - 5 pages majority view. It is quite possible that expert view differs from the majority view. When car breaks down on the way, a single expert mechanic is needed to fix the issue; hundreds and thousands of passersby who stop at the car guessing on possible fault cannot help. In line with this philosophy, several retired and existing judges of Supreme Court have spoken, in their personal interviews and not in the court verdicts, against the provisions of

The Olympics

3933 words - 16 pages Ancient and Modern Olympics According to popular error, the Olympic competition is purely a tribute to physical prowess alone. A boorish individual establishes this casual observation upon sighting the obvious athletic talent that exists in every participating athlete, while ignoring the underlying Olympian spirit or philosophy that has been consistent since the advent of the first Olympics in 776. While it is clear that individual athletes die

Humanism, a word of many meanings

1525 words - 6 pages defined by Webster's Third New International Dictionaryas "a philosophy advocating the self fulfillment of man within the framework ofChristian principles." This more human oriented faith is largely a product of theRenaissance and is a part of what made up Renaissance humanism.Modern Humanism, also called Naturalistic Humanism, Scien- tific Humanism,Ethical Humanism and Democratic Humanism is defined by one of its leadingproponents, Corollas

Similar Essays

Judges Must Make Law Essay

2816 words - 11 pages , philosophy and policy instincts” . This is said to mask the decision making process and rather, what is happening, is the power of judgment is being exercised, and this is, just as Bentham said, that sometimes judges find themselves in situations where it is required of them to make the law, rather than simply interpreting it. But without a doubt, they do make law. BIBLIOGRAPHY Carl F. Stychin and Linda Mulcahy, Legal Methods and Systems

Importance Of Judiciary Essay

938 words - 4 pages justice in the courts, the way in which they are to perform their functions, the methods by which they are to be chosen, the terms upon which they shall hold power, these and other related problems lie at the heart of political philosophy." Although the importance of the judiciary cannot be doubted, the degree' of importance varies. In a country like England where the laws are not codified, the judiciary not only interprets the law but also makes it

Explain The Main Differences Between Common And Civil Legal Systems; Discuss The Feasibility Of The Convergence Between These Legal Systems

1463 words - 6 pages the broad sense can be considered as juristic philosophy and methods shared by the number of states with broadly identical legal systems. There are two major legal systems to consider; the civil law and common law legal systems. Civil law is the oldest and the most widespread legal system in the world. According to Neubauer and Meinhold (2006) civil law is based on a code and the orderly collection of interdependent articles written in a laconic

Dworkin's Main Criticisms Of Hart's Theory

1911 words - 8 pages claim, known as the separation thesis established that there is not a necessary connection between morality and the law . Through this concept of rules, Hart suggests that, in situations where there are no legal rules that regulate cases, judges have the discretion to make rules or the law to apply in such situation and similar ones that may arise in the future. Dworkin’s argument seemed to advance what Hart had espoused in his philosophy. He