Is Judicial Activism a Good Thing Discussion


In responding to your classmates, discuss if judicial activism is a good thing and when it goes too far. List specific cases in which you believe judicial activism worked for the good or detriment of society in your answer

Peers discussion

One of the two Judicial philosophies is Judicial Activism, it happens when a judge lets his own personal views to dictate the decision when ruling over a case, rather than to use existing laws. Judges must of the time they are influenced by multiple factors as such the political ideology or party affiliation. According to professor David A. Strauss, judicial activism can be perceived in three forms. These are The act of overturning laws as unconstitutional, Overruling legal precedent, and Ruling contrary to a previously issued constitutional interpretation. An example of judicial activism is the Brown v. Board of Education case in which the Supreme Court ruled against segregation, stating that segregation by law was in violation of the 14thamendment and therefore unconstitutional.

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