Activism in Disguise: A inquiry into the motives of Judicial Restraint
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Title: Activism in Disguise: A inquiry into the motives of Judicial Restraint

Essay Details:

Subject: Philosophy
Author:
Date: February 19, 2017
Level: University
Grade: A
Length: 9 / 2653

Essay text:

This essay primarily will focus on the latter of the two systemic legal manifestations. According to Dworkin, the program of judicial restraint “argues that courts should allow the decisions of other branches of government to stand, even when they offend the judges’ own sense of the principles required by the broad constitution doctrines” (432). Essentially, judicial restraint occurs when a judge passively deems a particular decision ‘out of his court’s jurisdiction’, effectively allowing that particular issue to be decided in a lower court, with the legislature, or at the will of the people...

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