Buy custom Activism in Disguise: A inquiry into the motives of Judicial Restraint
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Topic: |
Philosophy
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Number of pages / Number of words: |
10 / 2653 |
Essay's paper body
This archetype will work as a functional definition of Dworkinâs so-called âjudicial restraintâ.
Can this procedure be perverted? Is it possible that a judge may claim that a case is outside of his jurisdiction even though it might not be? Is it possible that a judge might use his alleged self-limiting power to de jure abstain from a case whilst de facto deciding it? While in theory judicial restraint seems like a noble necessity for democratic authority, admittedly it may be distorted into a doctrine where the deference of power actually re-enforces particular social norms...
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This essay will look at three examples of such cases where Supreme Court justices, by restraining the courtâs power, is actually pushing a moral agenda in sphere of politics, social norms, economics, and morality.
The landmark 1905 case Lochner v New York was an inquiry into the individualâs right to free contract...
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General points of the essay
Judicial activism is necessary to protect the rights of American Citizens.
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