Judicial Philosophy

Judicial Philosophy - document versus original intent. Some...

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Judicial Philosophy, Politics, and Policy Although judges do not run on a platform, as do elected officials, they nevertheless hold political beliefs that influence their decisions. People strongly debate the role of the courts in politics and the role that personal beliefs and political philosophy should play. Judicial Philosophy Judicial philosophy is the way in which a judge understands and interprets the law. Laws are universal, but they must be applied to particular cases with unique circumstances. To do this, judges interpret the law, determining its meaning and sometimes the intent of those who wrote it. The main types of contrasting judicial philosophies include judicial activism versus judicial restraint, loose constructionism versus strict constructionism, and living
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Unformatted text preview: document versus original intent. Some judges develop a philosophy of activism, using the bench to enact social and political change. Other judges practice a philosophy of restraint, believing that judges must interpret the law strictly rather than seek to make new laws. And all judges, regardless of their philosophies, develop their own methods of reading the Constitution. Some judicial philosophies tend to coincide with certain political views. Most strict constructionists, for example, are also advocates of judicial restraint, but not all. Similarly, many advocates of judicial restraint also follow the doctrine of original intent. These views, however, do not always overlap. As a result, judicial philosophies are not the same as political ideologies....
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This note was uploaded on 01/31/2012 for the course POS POS2112 taught by Professor Leslietaylor during the Winter '09 term at Broward College.

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