judicial activism

Examples of judicial activism in the following topics:

• Judicial Activism and Restraint

  • Judicial activism is based on personal/political considerations and judicial restraint encourages judges to limit their power.
  • Judicial activism describes judicial rulings suspected of being based on personal or political considerations rather than on existing law.
  • The definition of judicial activism and which specific decisions are activist, is a controversial political issue.
  • The question of judicial activism is closely related to constitutional interpretation, statutory construction and separation of powers.
  • Detractors of judicial activism argue that it usurps the power of elected branches of government or appointed agencies, damaging the rule of law and democracy.

• Norris–La Guardia Act

  • The Norris–LaGuardia Act removed certain legal and judicial barriers against the activities of organized labor in the United States.
  • Sanitary Grocery Co., in which, in an opinion authored by Justice Owen Roberts, the Court held that the act meant to prohibit employers from proscribing the peaceful dissemination of information concerning the terms and conditions of employment by those involved in an active labor dispute, even when such dissemination occurs on employer property.
  • Sanitary Grocery Co., in which the Court held that the Act prohibits employers from barring the peaceful dissemination of information concerning the terms and conditions of employment by those involved in an active labor dispute, even when such dissemination occurs on employer property.

• Organized Crime

  • Organized crime refers to transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit.
  • Organized crime groups often victimize businesses through the use of extortion or theft and fraud activities like hijacking cargo trucks, robbing goods, committing bankruptcy fraud, insurance fraud, or stock fraud.
  • Organized crime groups seek out corrupt public officials in executive, law enforcement, and judicial roles so that their activities can avoid, or at least receive early warnings about, investigation and prosecution.

• Federal Mandates

  • Federal Mandates are used to implement activities to state and local governments since the post-New Deal era.
  • An intergovernmental mandate refers to the responsibilities or activities that one level of government imposes on another by constitutional, legislative, executive, or judicial action.
  • In the United States, unfunded federal mandates are orders that induce responsibility, action, procedure, or anything else that is imposed by constitutional, administrative, executive, or judicial action for state governments, local governments, and the private sector.

• Judicial Federalism

  • Judicial federalism is a theory that the judicial branch has a place in the check and balance system in U.S. federalism.
  • Much of judicial federalism is dependent on judicial review as well as other acts defining the judiciary's role in the U.S. government.
  • The Judiciary Act thereby incorporated the concept of judicial review.
  • Judicial review is now a well settled doctrine.
  • Madison changed the role of the judicial branch in the federal system.

• The Power of Judicial Review

  • Judicial review is the doctrine where legislative and executive actions are subject to review by the judiciary.
  • Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary.
  • Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority.
  • Judicial review is an example of the separation of powers in a modern governmental system.
  • Explain the significance of judicial review in the history of the Supreme Court

• Opposition from the Courts

  • The Judicial Procedures Reform Bill of 1937 was an initiative proposed by President Roosevelt to add more justices to the U.S.
  • The Judicial Procedures Reform Bill of 1937, frequently called the "court-packing plan," was a legislative initiative proposed by President Roosevelt to add more justices to the U.S.
  • Since Roberts had previously ruled against most New Deal legislation, his perceived about-face was widely interpreted by contemporaries as an effort to maintain the Court's judicial independence by alleviating the political pressure to create a court more friendly to the New Deal.
  • Nebbia also holds a particular significance: it was the one case in which the Court abandoned its jurisprudential distinction between the "public" and "private" spheres of economic activity, an essential distinction in the court's analysis of state police power.

• Checking the Power of the Governing Party

  • The House of Representatives has the ability to impeach and the Senate may remove executive and judicial officers.
  • The tendency of the Democratic Party to embrace a more active government role in the lives of citizens versus the tendency of the Republican Party to favor limited government intervention in citizens' lives, highlights the difficulties that arise when a divided government exists.
  • While the checks and balances system between the executive, legislative, and judicial branches prevents any one branch from becoming tyrannical, this system has also been criticized for maintaining the status quo in government rather than promoting changes.

• Basic Judicial Requirements

  • The judicial system, whether state or federal, begins with a court of first instance, whose work may be reviewed by an appellate court, and then ends at the court of last resort, which may review the work of the lower courts.
  • Many district courts also allow an attorney who has been admitted and remains an active member in good standing of any state, territory or the District of Columbia bar to become a member.
  • Generally, a final ruling by a district court in either a civil or a criminal case can be appealed to the United States court of appeals in the federal judicial circuit in which the district court is located, except that some district court rulings involving patents and certain other specialized matters must be appealed instead to the United States Court of Appeals for the Federal Circuit, and in a very few cases the appeal may be taken directly to the United States Supreme Court.

• Informal Methods of Amending the Constitution: Societal Change and Judicial Review

  • Informal amendments mean that the Constitution does not specifically list these processes as forms of amending the Constitution, but because of change in society or judicial review changed the rule of law de facto.
  • This type of change occurs in two major forms: through circumstantial change and through judicial review.
  • In American legal language, "judicial review" refers primarily to the adjudication of constitutionality of statutes, especially by the Supreme Court of the United States.
  • Describe the ways of "informally" amending the Constitution, such as societal change and judicial review.