Brown v. Board of Education, 347 US 483 (1954) has often been cited as an example of liberal judicial activismbecause it ignored the doctrine of stare decisis (Latin: let the decision stand) by overturning the long-accepted "separate but equal" standard established in Plessy v. Ferguson, (1896) and reinterpreting the 13th and 14th Amendments in a manner that supported African-Americans' civil rights.
Progressives hasten to point out that Plessy was a bad precedent, and the Warren Court simply corrected social and political biases that were not intended when the Thirteenth and Fourteenth Amendments were ratified. One could just as easily say the Plessy case was an example of judicial activism.
Bear in mind that "judicial activism" is an ambiguous concept relative to a person's point-of-view and interpretation of the Constitution, and is the result of subjective judgment both on the part of the justices ruling on a case and on the part of the individuals analyzing the Court's decision
The answer would be judicial restraint. Plessy v Ferguson strictly employed judicial restraint because it followed the principle of stare decisis or went with the precedent decision. It went against the concept of civil rights and giving freedoms to African Americans and was generally conservative in its ruling.
Judicial activism weakens the separation of powers by involving the Court in what are traditionally executive and legislative functions. Judicial restraint reinforces separation of powers.
Neither. The court simply ruled that people need to be advised of rights they had always been entitled to. --- Activism, because the Court invented a new rule. They used their power broadly to further justice instead of just allowing the decisions of the other branches of government to stand. It's true that their rights were already there, but that's not the determining factor of Judicial activism/restraint.
It did not seem to be judicial activism as there wasn't a larger issue at hand. Rather, the final decision appears historically to be judicial partisanship.
Judicial restraint is the philosophy that judges and justices should defer to written legislation whenever possible, if it is not in conflict with the Constitution. A justice who uses judicial restraint tends to take a narrower view of the Constitution and does not attempt to broaden the definition of Amendments to fit a particular social or political agenda. The opposite of judicial restraint is judicial activism. For more information on the debate between judicial activism and judicial restrain, see Related Links, below.
Strict constructionism is a judicial philosophy that interprets the Constitution based on its original intent and text, strictly adhering to the literal meaning of the words within it. Judges following this philosophy typically do not incorporate contemporary values or societal changes in their interpretations.
Judicial restraint is the theory that judges should limit their exercise of power and strike down laws only when they are obviously unconstitutional, and always follow precedents set by older courts. Judicial activism is the opposite view, and is sometimes meant to imply politically motivated judicial decisions.
Judicial restraint. The opposite of judicial restraint is judicial activism.For more information about the controversy over judicial activism and judicial restraint, see Related Questions, below.
Judicial restraint is sometimes regarded as the opposite of judicial activism. In deciding questions of constitutional law, judicially restrained jurists go to great lengths to defer to the legislature.
Doctrinalism relies on the principle of stare decisis.Judicial restraint relies on a narrow interpretation of the text of the Constitution and the Framers' inferred intent in decision-making. If the precedent being relied upon under stare decisis was made using judicial restraint, then adhering to the precedent also involves judicial restraint; if the controlling precedent being used represents an instance of judicial activism, then upholding the precedent also requires a (lesser) degree of judicial activism.The concepts of judicial restraint and judicial activism relate to decisions based on a particular theoretical view of the Constitution and its purpose. Stare decisis relates to consistency in upholding case law, regardless of whether the precedent was originally determined via activism or restraint.
The Warren Court, which was active from 1953 until Chief Justice Earl Warren retired in 1969, is often accused of judicial activism for its many decisions supporting African-Americans' civil rights. Whether they believed they were judicial activists or not is unknown.
Judicial activism was used because the Court ruled that the school policy prohibiting the students from wearing the arm bands to protest symbolically the Vietnam War violated the students' free speech rights. By overturning a policy of the government (the public school's policy), the Court exercised judicial activism.
Judicial activism is when judges user their power to further justice. This is as opposed to judicial restraint which is when a judge limits their power.