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Supreme Court (1) (''Strict constructionist'' (A Justice…
Supreme Court (1)
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Judicial restraint
Court is more inclined to to accept what has gone before-leave things as they are. More associated with judges who are strict constructionists.
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Once a matter has been decided in a case it forms a precedent that should not be overturned except under pressing circumstance.
For example, a woman's right to an abortion in Roe vs Wade- see limits put on that right, but not to overturn the 1973 decision completely.
Judicial restraint- Court differential to the legislative and executive branches of government therefore less likely to declare acts of Congress or the state legislatures unconditional.
Judicial Activism
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Court of Warl Warren- an activist in 50+60's in decisions such as Brown vs. Topeka (1964) and Miranda v. Arizona (1966) trying to move society along in the areas of black civil rights and the rights of arrested persons.
Warren Burger Court- activist in its Roe vs. Wade (1973)- rights of a woman to have an abortion was a constitutionally protected one.
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Role of the Judiciary
Responsibility of judges to adjudicate- to do this, they resolve disputes that can't be settled without legal action.
They reach conclusions according to a set of rules, such as referring to previous judgements.
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