Scholarship essay: Essays judicial activism

Essays judicial activism

According to the Islamic world, the Qur'an is the "literal, hence absolutely true, word of God as revealed to the Prophet Mohammed" In my opinion, the direct and most important implication, both in terms of internal politics and international relation, is the creation and practice of Islamic law, as one of the three fundamental systems of law…. hat Courts, Judges, and Politics makes clear is that changes in outcome between essays judicial activism vote and final decision are far from unusual. Free Judicial Activism Essays and Papers. Yet it was what was constitutional and did not have to abuse the Constitution and Judicial Review to justify the…. While this is a more contemporary argument than the one in Politics by Other Means, it nevertheless still does not address the issues from all sides, essays judicial activism. References 1, essays judicial activism. They also remove it from the compromising political process.

motivation essay

Supporters of capital punishment believe it helps keep crime down by scaring potential criminals about the sacrifice they could pay if they commit a heinous crime. They also believe that if the criminal committed a crime like murder, that they could do it again if they faced the possibility of parole, so they believe capital punishment is good for public safety. The first amendment to the Constitution in the ill of Rights states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. This may not have been the intention of the Framers. They were concerned that the government could not establish an official state religion, as had been done in many countries in Europe.

They did not intend to eliminate religion from public life. The problem with judicial activism is that it becomes very hard to stop once it begins. As stated, while most would agree that a right to privacy is desirable, what about other rights or privileges with which the majority would not agree. The Constitution was designed with a process to amend it as conditions change. The Framers anticipated that…. Bibliography Constitution of the United States. September 17, Bill of Rights of the United States. Burns, James MacGregor and J. Government by the People. Englewood Cliffs: Prentice-Hall, Englewood Cliffs: Prentice-Hall, , p.

Living Constitutionalism As the leader of the free world, the United States remains in the limelight as the rest of the world keeps a keen eye on how they conduct their affairs. As it appertains to constitutional interpretation, the U. has a sound philosophy dubbed 'living constitutionalism. That notwithstanding, many agree that every society is dynamic in nature. As such, as society keeps changing, there is a growing need for the constitution to be equally as dynamic in view of various considerations. Implementing and enforcing the letter of the law as stated in constitutional clauses often has its shortcomings. The concept 'Living Constitutionalism' revolves around humanizing the law.

By adding the element of humanity in the law, the constitution gains a dynamic element. This idea relates to the view of the society as contemporaneous,…. References List Alstyne, William Van. Balkin, Jack M. Denning, Brannon P. Dodson, Scott. With their closely contested decision in the case of Citizens United v. FEC, the high court's conservative members have effectively shattered existing precedent regarding the ability of corporations to channel shareholder funds to political campaigns. In their effort to protect the duly granted right of individuals to contribute money as a form of political speech and expression, the justices in the majority have effectively opened a Pandora's box of unintended consequences. By extending the rights held by individual citizens of this nation to corporate conglomerates and multinational entities, the Roberts court has redefined the menace of judicial activism once….

Prevailing Legal Theory in the United States Today Common legal theories in the United States today The most commonly-espoused legal theories in the media today are those of 'strict construction' and 'broad construction' otherwise known as 'judicial activism. Strict construction uses a "literal and narrow definition of the language without reference to the differences in conditions when the Constitution was written and modern conditions, inventions and societal changes" Sollum Strict construction interpreters have been highly critical of decisions such as Brown v. Board of Education, which examined evidence of the psychological impact of segregation upon young, African-American children and oe v. Wade, which created a test of viability for the fetus while protecting women's absolute right to choose….

References Carmona, Ana Julia Bozo. Toward a postmodern theory of law. Paideia project. htm Jones, Jeffrey. Americans in agreement with Supreme Court on gun rights. Graham vs. Florida Focal Point Analysis There are many issues involved in the Supreme Court decisions especially with regard to the Constitution. One important assumption is that the court is moving to create a situation where the rights of humans are being protected and arbitrariness being curbed. In the light of the fact that human rights are now a universal concept and is globally acknowledged, the fact that constitutions and laws that abridge the human rights have to go or be amended cannot be argued against.

While the constitution may be supreme, the rights of humans take priority, especially in the global context. In such a case the case of Graham vs. Florida can be seen as a landmark judgement so far as the way prisoners have to be treated is concerned. The problem is more of legal rationality because the laws are rules that a society creates for the…. References Anderson, James; Byrne, Dara N. Board of Education. Ashworth, Andrew; Wasik, Martin. certiorari to the district court of appeal of florida, 1st district No.

Argued November 9, -- Decided May 17, html Cornell University Law School. It appears then that the authors believe that democracy has taken a very different form from its position less than a century ago. Citizens and politicians no longer work together to achieve the democratic aim. Instead, both sectors use the means at their disposal to make the differences that they deem necessary on an individual rather than a collective level. While this is a more contemporary argument than the one in Politics by Other Means, it nevertheless still does not address the issues from all sides. Still, the authors appear to assume the relative integrity of politicians in terms of achieving political rather than personal aims and the drive of citizens to participate, as well as their trust in the political process.

Knight and Lewis in Ginsberg and Stone address the feelings involved in political participation more fully, by means of the concept of ideological sentiment. The authors note…. References Crenson, Matthew a. And Ginsberg, Benjamin. Downsizing democracy: ho America sidelined its citizens and privatized its public. JHU Press, Crenson, Matthew a and Ginsberg, Benjamin. Making government manageable: executive organization and management in the twenty-first century. Edited by Thomas H. Stanton and Benjamin Ginsberg JHU Press, Ginsberg, Benjamin and Shefter, Martin. Politics by other means: the declining importance of elections in America. Basic Books, Knight, Kathleen and Lewis, Carolyn V.

Edited by Benjamin Ginsberg and Alan Stone. Sharpe, GM Discrimination suit G. And acial Discrimination The civil rights movement in the United States began slowly. Changing centuries of discriminatory practices across an entire country was not a task that was without opposition, and ignorance on the part of the average citizen. However, when that ignorance was institutionalized within businesses, the wheels of justice needed a significant push in order to begin to afford black American access to the same opportunities which Caucasian-Americans enjoyed. Toward this end, the Equal Employment Opportunity Commission actively sought out target candidates which would have the largest impact on moving the civil rights agenda forward.

In , a suit filed against the worlds largest automaker, General Motors, the EEOC alleged that the corporation actively discriminated against black, Hispanic and women workers. At the time of the suit's filing, the company had 6. Resources: Agence France Presse. Minority workers sue General Motors for 7. Civil Rights. Info Please. Civil Rights: an overview. Legal Information institute. Cornell University. He attacked the underlying premise of the decision, saying that, "A constitution is not intended to embody a particular economic theory… It is made for people of fundamentally differing views" Paul He viewed the Court's opinion in a dangerous light because it represented the infusion of a fundamental right into the Constitution.

Modern commentators who agree with Justice Holmes' dissenting position face a problem as it relates to more modern Supreme Court decisions, such as Roe v. If the position is held that Holmes was correct in his opinion, then the same position must also be held that the Supreme Court's Roe v. ade decision is incorrect. In the Roe V. ade case, the Court ruled that a woman's right to have an abortion is based upon the development of the fetus in her womb. In the first trimester, the state cannot restrict a woman's right to have…. Works Cited Paul, Kens. Lochner v. New York: Economic Regulations on Trial. Lawrence: University of Kansas Press, policy, law and management.

It is based on a particular background that has been provided. Law, Policy, and Management Brief: Models of Court-Agency Interaction Courts play a very significant role as they interact with administrative agencies. Administrative agencies are beyond the influence of the technical processes that are applied in courts of trial. The rules that are used in court trials are not applicable in the proceedings of agencies. Moreover, agencies also have the power to outline the rules that will govern the proceedings of the agency when there is no statutory provision.

The agencies have been given broad discretion when it comes to creating rules to govern proceeding Administrative Agency Adjudications - Administrative Law. However, the agencies do not have the power to act like the legislature when creating procedural rules. The jurisdiction of agencies is the power that the law gives them to make judgment in controversies. References Administrative Law - Administrative Law. Administrative Agency Adjudications - Administrative Law. Collaborative Governance in Theory and Practice. Journal of Public Administration Research and Theory, pdf Bazelon, D. The Impact of the Courts on Public Administration. Indiana Law Journal,52 1. SHRM Online - Society for Human Resource Management.

Leadership Competencies. Supreme Court Chief Justices Warren and ehnquist Compare and contrast approaches to criminal procedures by U. Supreme Courts: The Warren vs. The ehnquist Court A common philosophical debate within the legal community is when the approach advocated by so-called 'conservative' justices often called strict constructionism is pitted against more 'liberal' and freer interpretations of constitutional words and history. Throughout much of the 20th century, it was often said that the more liberal interpreters of the Constitution were 'winning the war' in regards to this issue, thanks to the presiding intelligence of Chief Justice Earl Warren. The decisions of the Warren Court reflected its deep concern for the individual, no matter how lowly"….

References Byellin, J. John G. Roberts: Conservative yet apolitical consensus building chief justice. Legal Solutions. Supreme Court upholds healthcare law , in a victory for Obama. In fact, during the Constitutional Convention, Slonim notes that the need for a bill of rights was not even a topic of discussion until Virginian delegate George Mason raised the issue just several days before the Convention was scheduled to rise on September 17; Mason suggested that a bill of rights "would give great quiet to the people. Failure to heed Mason's counsel was to plague the Federalists throughout the ratification campaign" emphasis added. The first major confrontation concerning the ratification of the Constitution involving the need for a bill of rights occurred in Pennsylvania several weeks after the close of the Constitutional Convention; at….

Bibliography Banning, Lance. The Sacred Fire of Liberty: James Madison and the Founding of the Federal Republic. Ithaca, NY: Cornell University Press, Binkley, Wilfred E. And Malcolm C Moos. A Grammar of American Politics: The National Government. New York: A. Knopf, Bernhard, Virginia, David Burner and Elizabeth Fox-Genovese. A College History of the United States, St. James: Brandywine Press, Brant, Irving. The Bill of Rights: Its Origin and Meaning. Indianapolis: Bobbs-Merrill, have tried to govern themselves. You can use the Internet, but don't use the Internet exclusively.

Also, try to research different nations, not just the U. I've given a brief overview of the Bill of ights, one of the most important and contested aspects of the Constitution, but look into the British system of government as well which influenced the creation of our own and France. And ask why have some constitutions and nations failed, while the U. system has remained intact. Bring your research to class with you. Step 3: Come to an agreement about what rights to include On Wednesday, we'll have our own Constitutional Congress. I will observe the unstructured debate, which will revolve around how Freedonia will govern itself and what rights will be included in the new constitution and government.

Some things you may want to think about: what rights don't Americans have? References Linder, Douglas. The right of privacy. Exploring constitutional conflicts. html Slater, Timothy. Performance assessment. Department of Physics. Montana State University. President be Allowed to Appoint a New Supreme Court Justice? The current president should be allowed to appoint a new Supreme Court Justice. The Constitution of the United States of America, Article II, Section 2 of the Constitution, vests in the president the power to make the appointment of judges to the Supreme Court. The duty and privilege must be taken seriously and constitutionally. Current the current president has over days in the office, and these are enough to let him take this responsibility without any question.

The president is a representative of the people lawfully accorded in the national jurisdiction. He has the role of fulfilling his official duties as a way of ensuring that he does everything law requires of him. The intuition that the American people should be given the chance to partake of the election of the new Supreme Court justice by waiting for the…. Works Cited Davis, Richard. Electing Justice: Fixing The Supreme Court Nomination Process. New York: Oxford University Press, Internet Resource. Rutkus, Denis S. Supreme Court Appointment Process: Roles of the President, Judiciary Committee, And Senate. New York: Nova Science, Judicial eview Judiciary -governing and selection Judiciary: Article eview One of the most controversial decisions in recent memory of the U.

Supreme Court was that of Citizens United, which effectively declared corporations 'persons' in terms of their ability to fund political campaigns through political action committees PACs. According to Thomas B. Edsall's article "Cash and carry" for The New York Times, Citizens United and "a series of related cases, especially SpeechNow. org v. Federal Election Commission, which was decided by the United States Court of Appeals for the District of Columbia Circuit, have not just gutted campaign-finance reform.

They have undermined the democratic character of the presidential nomination process by empowering the rich to exert disproportionate control over it" Edsall Edsall excoriates the recent Citizens United decision, stating it has fundamentally undermined the democratic process. In the past, the label of 'activist judges' has usually been wielded by conservatives against…. References Edsall, Thomas B. Cash and carry. The New York Times. Though six other Justices joined in overturning Staples' conviction, it was Justice Thomas who wrote the majority opinion, and he makes it clear that anything not explicitly allowed or made illegal by the law -- either in the Government's actions or in the actions of individual citizens -- is left to individual or local, it is implied discretion Oyez How Do You Get to the Supreme Court?

estraint, estraint, estraint In keeping with his generally conservative politics, Justice Thomas is also an advocate of judicial restraint. The Staples case demonstrates this quite clearly, as do other of his published rulings. In Archer et ux v. Warner , Justice Thomas dissented form the majority opinion, which used what was considered the intent of a bankruptcy exemption for fraud to overturn the decisions of lower courts and demand that the Warners pay the Archers a previously agreed-upon settlement Oyez References Fraser, N. Gerber, S. First principles: The jurisprudence of Clarence Thomas. New York: New York University Press. Klonick, K. An analysis of the Senate confirmation vote on Justice Clarence Thomas. jonsmom2 the New Haven Firefighters Affirmative Action received kind attention a lo Diversity in the Workplace There are several factors to consider when discussing the prudence of the decision of the city of New Haven, Connecticut, to dismiss the results of two promotional exams for its fire department on the grounds that its results would leave the city open to litigation based upon racial bias.

In a case as morally and legally ambiguous as this particular one, the complexities among the various bureaucratic decisions regarding the judicial appeals and partisan lobbying are virtually interminable, and perhaps even distracting from the managerial process of determining whether or not the city was justified in rejecting its test results on the grounds that they would leave it liable for a disparate impact law suit. Particular attention, then, must be directed to the implicit and explicit intentions of the city in its rejection of…. References Totenberg, N. Supreme Court Hears Firefighter Promotion Case.

The Supreme Court Decides the New Haven Firefighter Case. Never the twain shall meet would be an appropriate descriptive. The prime example of this form of federalism is the U. government during the late s through the early s. With "dual" federalism, both separate and shared powers are present. Marble-cake or co-operative federalism is "one big happy family" federalism. Co-operation between state and federal government is its signature. The two levels of government are actually one big government, interwoven and pursuing the same goals together. Crime reduction, better education for our children, and global warming are issues that both state and federal levels would be working on together with the same sense of accomplishment.

Co-operative federalism became prominent in government between roughly s a matter of fact, under the original dual federalism during the early years of our country, each state that came into the Union was offered a "partnership" with the federal government. Every state knew what…. As a matter of fact, under the original dual federalism during the early years of our country, each state that came into the Union was offered a "partnership" with the federal government. Every state knew what they were getting into. The federal government could declare war, coin money, control immigration, sign treaties, appoint ambassadors, interpret laws, and control interstate commerce.

These powers were granted to the federal government by the Constitution, Articles I-IV, and Article VI. Powers granted to the states consisted of passing laws within their territories, controlling health, police, education, marriage, voting requirements, and even trash collection. These were granted by Article IV and the Tenth Amendment. Shared powers were to levy taxes, create courts, and to create laws for the general welfare. These joint powers were based in the Tenth Amendment. After the Civil War, the federal government began to exercise its own rights separate from the states with its newly gained momentum and responsibilities gained from winning the war.

The layered-cake form of dual federalism came forth with both federal government and states operating independently but the federal government trying to retain control. This increasingly layered-federalism held until , when, with FDR and the New Deal, brought us out of the Depression through the use of numerous federal programs that he delivered to the states for employment. It was an era of cooperation. With WWII and the Korean War, that era of cooperation continued. Today, in the U. we are closer to dual -- modified layered cake -- federalism. However, for now, it is a devolving fiscal federalism as well.

That is, the federal and state powers are separate as spelled out above. However, more fiscal responsibility is being "devolved" or delegated back to the states which are closer to the economic problems they face. The federal government is giving billions of dollars back to the states to cover programs and budget deficits. But sometimes the victims themselves are afraid to voice their grievances in the public because speaking up entails shame, ostracization, and even extra-judicial killings. The victims can express their grievances in public "only at certain times and in certain ways" because their rights are infringed on social and cultural levels Dewey. The fact that cultural and traditional beliefs and attitudes contribute to violations of women's rights in a systematic manner can be observed by reading literature on the practice of dowry.

Many Indian legal and philosophical thinkers use relativistic terms to contest the notion that the practice contributes to the abuse of women. They contest the notion because they argue the concept of human rights is a estern notion, sometimes disregarding cultural variations and sensibilities of the Indian nation Gupta. The general critique of the concept of human rights as a western notion may be valid in some matters, but…. Works Cited Dewey, Susan. Kothari': Sexuality, Violence Against Women, and the Parallel Public Sphere in India.

Duggal, Ravi. Grewal, Indu and Kishore, J. Today, overt discrimination has largely disappeared in urban areas, but in rural regions Dalits often remain excluded from social and religious life, although here too prejudice seems to be declining omini 29 August In short, Dalits have made huge strides in the Indian system ever since the modern constitution forbade their discrimination. By , for instance, In , a Dalit, K. Narayanan, was actually elected as president. Dalits have been elected to the highest judicial and political positions, and, in general, their quality of life has attained similar metric to that of the quality of Indian life in general.

Discrimination still seems to be persisting in mute desegregated forms but it also seems to be waning. As regards the hijra, in recent years, Indian constitution attempted to repeal…. Sources Damal, Swarnakumar Dalits of Nepal: Who are Dalits in Nepal. International Nepal Solidarity Network Left Justified. interventionism from the perspective of realism vs. Realism is defined in relationship to states national interests whereas idealism is defined in relation to the UNs Responsibility to Protect doctrine -- a doctrine heavily influenced by Western rhetoric over the past decade.

By addressing the question of interventionism from this standpoint, by way of a case study of Libya and Syria, a picture of the realistic implications of "humanitarian intervention" becomes clear. Idealistically, humanitarian interventionism is a process that stops atrocities and establishes peace and prosperity. Realistically, interventionism allows Western businesses to reap the spoils of destabilization -- as has been seen in Libya with the Libyan oil fields being claimed by Western oil companies -- and as is being seen in Syria, with the threat of invasion bound to have detrimental effects on the construction of a new pipeline that bypasses the Turkey-Israel pipeline.

Syria also presents itself as…. Available from. Weiner, T , Legacy of Ashes, Anchor Books, NY. Invisible Hands: The Businessman's crusade against the new deal, then follow outline to write the essay as Kim Phillips-Fein. Invisible Hands: The Businessman's Crusade Against the New Deal. New York.. Norton, ISBN: The author of Invisible Hands, Phillips-Fein, is a professor at New York University's Gallatin School. This particular school enables students to select course loads from different departments and schools to effectively create their own majors. In addition to the aforementioned manuscript, she has written a number of articles that are intrinsically related to history, economics, and social issues New York University. A number of her works are either critiquing the conservative right, or providing profiles of the leftist liberals -- such as former New York City mayor and Democrat David Dinkins.

As such, it would not be inaccurate to state that she is something of a liberal herself Strauss , and that this political…. Works Cited Greaves, Bettina Bien. New York W. New York University. No date. html Strauss, Mariya. FISA's recent rise to fame has been due to attempts by the Bush Administration to apply the law as justification for warrant-less wiretaps of U. citizens in apparent disregard of their Fourth Amendment protections. This issue will be examined in more detail below, however, it is important to first discuss some of the key court cases that help establish the Constitutionality of FISA. Judicial Activism Words 3 Pages.

Judicial Activism. Dialogue And Judicial Activism Words 4 Pages. Dialogue And Judicial Activism. Powerful Essays. Judicial Activism Words 3 Pages 1 Works Cited. Good Essays. Judicial Restraint And Judicial Activism? Judicial Activism and Judicial Restraint Words 2 Pages. Judicial Activism and Judicial Restraint. Judicial Activism And Judicial Restraint Analysis Words 3 Pages. Judicial Activism And Judicial Restraint Analysis. Cole V Whitfield Originalism Analysis Words 2 Pages. Cole V Whitfield Originalism Analysis. Arguments Against Judicial Activism Words 2 Pages. Arguments Against Judicial Activism. Against Judicial Activism Analysis Words 4 Pages.

The Judicial Branch, known as the highest court of this country, is responsible for interpreting laws, and to make sure that the laws are constitutional. Home Flashcards Create Flashcards Essays Essay Topics Writing Tool. Essays Essays FlashCards. Browse Essays. Sign in. Flashcard Dashboard Essay Dashboard Essay Settings Sign Out. Home Page Essay On Judicial Activism. Essay On Judicial Activism Words 5 Pages Open Document. Essay Sample Check Writing Quality. Show More. Related Documents The Constitution: The Three Branches Of Government This was created specifically to make sure no one branch can take too much control over the others. Read More. Words: - Pages: 5.

Dworkin's Theory Of Integrity Analysis It allows judges to apply the same standards that others have applied, they maintain the original morality of the community; insuring that the law that the community made reflects the trial. Words: - Pages: 8. Essay On The Judicial Branch Nicolas Winters Group 5 Paper 2 What powers do the Constitution give the Judicial Branch? Words: - Pages: 6. Aristotle's Understanding Of The Rule Of Law The other issue he analyses is fairness. The Constitution: The Three Branches Of The Federal Government The proposed legislation is just that, a proposal. Words: - Pages: 3. Separation Of Government By Framers Of The Constitution Amongst the three branches of government, Congress creates laws, the president enforces them, and the Supreme Court helps interpret laws.

Judicial Activism: Originalism Vs. Judicial Activism They based their ruling by the precedent set in Bowen v.

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