judicial restraint

Examples of judicial restraint 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.
  • Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
  • Former Associate Justice Felix Frankfurter , a Democrat appointed by Franklin Roosevelt, is generally seen as the model of judicial restraint.
  • When Chief Justice Rehnquist overturned some of the precedents of the Warren Court, Time magazine said he was not following the theory of judicial restraint.

• The Supreme Court as Policy Makers

  • The Constitution does not grant the Supreme Court the power of judicial review but the power to overturn laws and executive actions.
  • The Constitution does not explicitly grant the Supreme Court the power of judicial review but the power of the Court to overturn laws and executive actions it deems unlawful or unconstitutional is well-established.
  • Many of the Founding Fathers accepted the notion of judicial review.
  • The Supreme Court is not immune from political and institutional restraints: lower federal courts and state courts sometimes resist doctrinal innovations, as do law enforcement officials.
  • On the other hand, through its power of judicial review, the Supreme Court has defined the scope and nature of the powers and separation between the legislative and executive branches of the federal government.

• 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

• Constitutional Limits

  • The Supreme Court has developed a system of doctrine and practice that self-limits is power of judicial review.

• 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.

• Article III

  • Article Three of the United States Constitution establishes the judicial branch of the federal government, including the Supreme Court and lower federal courts.
  • The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.
  • The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

• Checks and Balances

  • Critics argue that pardons have been used more often for the sake of political expediency than to correct judicial error.
  • The legislative branch of the United States checks and monitors the executive and judicial branches.
  • Courts check both the executive branch and the legislative branch through judicial review.
  • The Supreme Court's landmark decision on the issue of judicial review was Marbury v.
  • Since that time, the federal courts have exercised the power of judicial review.

• The Fourth Amendment

  • The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.

• The Judicial Branch

  • The judicial system begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort.
  • A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies.
  • Each federal judicial district has at least one courthouse, and many districts have more than one.
  • There is at least one judicial district for each state, the District of Columbia, and Puerto Rico.
  • Identify the different courts that comprise the Judicial Branch and their functions