Write a 2-3 page, APA style paper on judicial activism. Present the arguments on both sides of the question as to whether judges should interpret or simply apply the Constitution. Research and provide more current examples (the current Supreme Court docket) and predict how you think the justices will decide.
Then think about the idea that if one can predict the decisions of the justices on the Supreme Court–where does that leave the idea that no case is prejudged?
Please include 2-3 references. Only one reference may be from an internet source (not Wikipedia)
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The interpretation of the constitution in the circumstances of the judge preference amounts to judicial activism (Bond, 2008) . The proponents of judicial activism argue that it is a judicial necessity whose time is overdue owing to the changes that have occurred overtime as opposed to the time when the constitution was drafted. However, it opponents argue that judicial activism is a violation of constitution, as it deviates from the role of judges as constitutional interpreters and not makers of the law. According to (Baker & Roach, 2002), the role of judges as enshrined in the constitution was to interpret the laws and not to make them. Although……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
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References
Baker, D., & Roach, K. (2002). The supreme court on trial: Judicial activism or democratic dialogue. Canadian Public Policy / Analyse de Politiques, 28(4), 612. doi:10.2307/3552221
Bond, J. (2008). Judicial independence in transition: Revisiting the determinants of judicial activism in the constitutional courts of post-communist states. Acta Juridica Hungarica, 49(1), 25–87. doi:10.1556/ajur.49.2008.1.2
Kooijmans, H. J. P. (2007). The ICJ in the 21st century: Judicial restraint, judicial activism, or Proactive judicial policy. International and Comparative Law Quarterly, 56(04), 741–753. doi:10.1093/iclq/lei223
NCC Staff. (2016, ). Five supreme court cases to watch in 2016 Retrieved from http://blog.constitutioncenter.org/2016/01/five-supreme-court-cases-to-watch-in-2016/
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