The Arguments Against Judicial Activism

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Those who are against judicial activism would argue that Judges who believe in this system make laws and not interpret them, which is an abuse of their constitutional power. The issue, they claim, is not whether these problems need to be solved but whether the courts should be involved in such a way. By making decisions about how to run prisons or schools for example, the courts takes on the responsibilities and duties that is supposed to be exclusive only to the legislative and executive branches of government. Critics of judicial activism worry that court decisions that so freely “interpret” the meaning of the Constitution will undermine public confidence in and respect for the courts. Finally, opponents of judicial activism argue that judges

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