Judicial activism and judicial restraint
For this assignment, you will debate two judicial philosophies: judicial activism and judicial restraint. You will analyze the effect these philosophies have on court decisions involving constitutional issues.
Instructions
Review two examples of judicial activism—the famous cases of Brown v. Board of Education, which ended school segregation, and Roe v. Wade, which decriminalized abortion. Also, review two examples of judicial restraint—Bush v. Gore, which stopped a vote recount in Florida during the 2000 presidential election, and District of Columbia v. Heller, which struck down a ban on handguns. You can find information about these cases using an Internet search engine or at the following link: FindLaw.
Think about how these court decisions impact the law.
Post your answers to the following questions on the Discussion Board:
- How do these court decisions illustrate the role of courts in creating case law?
- What role should courts play in creating case law?
