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How does judicial activism interpret the Constitution?
Judicial activism occurs when judges decline to apply the Constitution or laws according to their original public meaning or ignore binding precedent and instead decide cases based on personal preference.
What is the philosophy of judicial activism?
Judicial activism refers to the judicial philosophy that is sometimes referred to as "legislating from the bench". Judicial activists believe that it is acceptable to rule on lawsuits in a way that leads to a preferred or desired outcome, regardless of the law as it is written.
What do judicial activists believe about the Constitution?
Proponents of judicial activism also believe that constitutional issues must be decided within the context of contemporary society. They adopt the view that the meaning of the Constitution is relative to the collective beliefs, sentiments, and values of society at the time in which the law is being interpreted.
What are judicial activism and judicial restraint and how can those philosophies interpret the Constitution?
Judicial restraint limits the powers of judges to strike down a law. As opposed to the progressiveness of judicial activism, judicial restraint opines that the courts should uphold all acts and laws of Congress and legislatures unless they oppose the United States Constitution.