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11 Cards in this Set

  • Front
  • Back
stare decisis
justices follow the law of previous cases in determining a case at hand
judicial restraint

those who like judicial restraint:
- what is their political stance
- what kind of people do they think judges should be
a philosophy on judicial decision-making that says:
courts should allow the decisions of other branches to stand, even when they offend a judge's own principles

- politically conservative
- want judges to be strict constructionists, who interpret the constitution the way the Framers would
judicial activism

those who like judicial activism:
- what is their political stance
- court case example
a philosophy on judicial decision-making that says:
judges should use their power broadly so they can get more good stuff done

- politically liberal
- Roe v. Wade (1973): case that liberalized abortion laws
public opinion can act as a check on the _______ of the courts
power
all judges, whether they know it or not, make ________
policy
4 courts that have played larger roles in the development of the court's policy-making role
- Marshall Court
- Warren Court
- Rehnquist Court
- Roberts Court
what are two ways the courts can use their powers to effect policy?
- they can declare things "unconstitutional"
- the supreme court can overrule itself
how do supreme court rulings translate into public policy?
all courts rely on other units of gov. to carry out their directives
judicial implementation
- one thing that effects how well a decision is implemented
how and whether or not judicial decisions are translated into actual public policies

- how easily a decision is implemented depends on how popular the issue is
implementation involves two populations:
the
implementing population (carries out)
consumer population (affected by)
for truly effective implementation, there are 3 requirements
1 - understand the decision
2 - follow court policy
3 - inform the consumer pop. of the rights they are granted or denied