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The doctrine of judicial precedent* refers to the process by which judges follow previously decided cases. Courts at the top of the hierarchy are of more significance so their decisions carry greater legal weight than lower or inferior court decisions. In the UK, the House of Lords binds lower courts, but not itself. Even though its ability to depart from previous decisions is wide it uses this power with great discretion, following guidelines laid out in the Practice Statement Judicial Precedent of 1966.
*Another name of the doctrine is "stare decisis". ("Stare" is pronounced "starry" or "staray"; decisis rhymes with crisis with the "c" pronounced as an "s".) It is Latin for "the decision stands".
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoJudicial activism is sometimes the opposite of doctrine precedent. The doctrine of precedent is similar to stare decisis, in the sense that present and future cases should be based on past cases, or precedents. Judicial activism, instead, ignores precedents. For example: Plessy v. Ferguson ruled that "separate but equal" was Constitutional, on the basis that textually, the Constitution did not specifically say that equal rights were given to African Americans.
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How does the concept of judicial activism relate to President Obama's most recent nominee for the US Supreme Court particularly the Senate?
It doesn't. Judicial activism refers to court decisions where the judge(s) or (more often) Supreme Court justices interpret the Constitution in a manner that goes beyond its purported intent in order to influence public policy. The term is subjective and often used to criticize decisions which those with opposing ideology disagree.Although judicial activism is usually associated with progressive Courts (like the Warren Court), conservative Courts are equally guilty. One recent example is the 5-4 decision in Citizens United v Federal Election Commission, 558 U.S. 50 (2010) overturning legislation designed to limit corporate campaign donations.With regard to Obama's current (2010) nominee, Elena Kagan has never served as a judge, so she has no record of jurisprudence and can't be accused of participating in decisions that would be criticized as judicial activism. The Senate Judiciary Committee, likewise, is not guilty of judicial activism because the term doesn't apply to their function in the appointment process.For more information, see Related Questions, below.
What is judicial activism?
Judicial activism is the tendency to interpret the Constitution or law in a way that goes beyond the original authors' intent, in order to influence public policy. Activism can be either conservative or liberal: Conservative activism tends to narrow the scope of interpretation to restrict government or individual rights; liberal activism tends to broaden the scope of interpretation to expand individual rights in keeping with progressive social norms.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 their basis in political agendas, rather than laws.Often, charges of judicial activism mean the Court or justice has made a decision with which the accuser disagrees. Therefore, progressives accuse conservatives of being judicial activists when they interpret the Constitution to support conservative political ideologies; conservatives accuse progressives of being judicial activists when they interpret the Constitution to support progressive political ideologies.Conversely, when a Court upholds an earlier precedent under the doctrine of stare decisis, or refuses to declare a challenged act of Congress unconstitutional, or otherwise upholds the status quo, they are said to be practicing judicial restraint.The debate between judicial activism and judicial restraint tends to reveal as much about the opinions of the person making the accusation as the tendencies of the Court.Commonly Cited Examples of Judicial ActivismMarbury v. Madison, 5 US 137 (1803)Dred Scott v. Sanford, 60 US 393 (1857)Lochner v. New York, 198 US 45 (1905)Brown v. Board of Education, 347 US 483 (1954)Griswold v. Connecticut, 381 US 479 (1965)Loving v. Virginia, 388 US 1 (1967)Roe v. Wade, 410 US 113 (1973)A+LS: A justice allows his or her personal opinions to influence a decision
What would happen if the judicial branch didn't exist?
Without the Judicial Branch then the Legislative Branch would be free to pass any law without regard to its constitutionality.
What did early koryo Confucians regard Buddhism as?
A doctrine for achieving spiritual tranquility that could coexist with confucianism
What were the doctrines of the church of England?
the doctrine of the church of England is grounded in the holy in matters of doctrine ritual and ceremonial the were defeated the king of England as the hesd of the church of England made the Anglican church the most peculiar of all protestant churches in regard to her doctrines the doctrine of the church of England is grounded in the holy in matters of doctrine ritual and ceremonial the were defeated the king of England as the hesd of the church of England made the Anglican church the most peculiar of all protestant churches in regard to her doctrines the doctrine of the church of England is grounded in the holy in matters of doctrine ritual and ceremonial the were defeated the king of England as the hesd of the church of England made the Anglican church the most peculiar of all protestant churches in regard to her doctrines
What has the author Antoine Paoli written?
Antoine Paoli has written: 'Etude sur les origines et la nature du mariage civil mis en regard de la doctrine catholique' 'Etude sur les origines et la nature du mariage civil mis en regard de la doctrine catholique'
President Grover Cleveland's actions in 1895 in regard to the Venezuela-British Guiana boundary dispute were an example of America's determination to?
To Enforce the Monroe Doctrine
What has the author Albert Randolph Getchell written?
Albert Randolph Getchell has written: 'Notes on the new rules of the supreme judicial court in regard to records upon appeal, report, or exceptions' -- subject(s): Court records, Court rules, Massachusetts, Massachusetts. Supreme Judicial Court
How did the Monroe doctrine lead the US away from isolationism?
The Monroe Doctrine did not change the world. When it was issued in 1823, the United States was not strong enough to enforce it. America's foreign policies with regard to the Western Hemisphere are often cited as having roots in this doctrine. The fact is, as with all nations, its foreign affairs are dictated by what is seen as the best method to protect itself, and its allies. What the Monroe Doctrine did do, however, was to make a bold statement about how America felt about European affairs in the western hemisphere.
Why is Jesus not God in the flesh according to Jehovah Witnesses?
Jehovah Witnesses reject the doctrine of the Holy Trinity, declaring it unsupported by the scriptures (which is true). They regard Jesus as inferior to Jehovah, but nevertheless divine.
Does activist have a pejorative meaning?
An activist may be a super patriot unbeknown to the general public. Political Activism is a course undertaken by usually a handfull of very knowledgeable citizens who are concerned regarding an issue that the public refuses to address in its importance. I have been involved in anti nuclear activism in regard to the siting of the largest nuclear waste dump in the U.S. near my former home, Trumansburg, in the Finger Lakes Region of N.Y. Our efforts in 1979 prevented the poisoning of the water supply of the Region and saved the lives of several millions of residents and their land values, crops, herds and children's health . Of course my wife and I suffered immensely for our efforts of exposing the Cayuga Indian Land Settlement as a U.S. Government Dept. of Energy Fraud to obtain Connecticut Hill, N.Y. State Land for a Dump site So, Activism does has only a heroic Context in this regard. The industries attempting to get their waste buried would consider us better jailed than pejorative. D.C. An activist may be a super patriot unbeknown to the general public. Political Activism is a course undertaken by usually a handfull of very knowledgeable citizens who are concerned regarding an issue that the public refuses to address in its importance. I have been involved in anti nuclear activism in regard to the siting of the largest nuclear waste dump in the U.S. near my former home, Trumansburg, in the Finger Lakes Region of N.Y. Our efforts in 1979 prevented the poisoning of the water supply of the Region and saved the lives of several millions of residents and their land values, crops, herds and children's health . Of course my wife and I suffered immensely for our efforts of exposing the Cayuga Indian Land Settlement as a U.S. Government Dept. of Energy Fraud to obtain Connecticut Hill, N.Y. State Land for a Dump site So, Activism does have only a heroic Context in this regard. The industries attempting to get their waste buried would consider us better jailed than pejorative. D.C.
What is the meaning of censure?
Judgment either favorable or unfavorable; opinion., The act of blaming or finding fault with and condemning as wrong; reprehension; blame., Judicial or ecclesiastical sentence or reprimand; condemnatory judgment., To form or express a judgment in regard to; to estimate; to judge., To find fault with and condemn as wrong; to blame; to express disapprobation of., To condemn or reprimand by a judicial or ecclesiastical sentence., To judge.
