Question

unit 9 37. what is the difference between judicial restraint and judicial activism?

Explanation:

• Judicial Restraint: Judges exercise self - restraint, defer to legislative/executive decisions, follow precedent (stare decisis), and interpret the law narrowly, focusing on the text's original meaning.
• Judicial Activism: Judges are more proactive, may strike down laws/executive actions they see as unconstitutional, interpret the law broadly (including considering social values), and may depart from precedent to address contemporary issues.

Answer:

• Judicial Restraint: Involves judges limiting their power, deferring to other branches, following precedent, and narrow interpretation.
• Judicial Activism: Involves judges being more proactive, potentially striking down actions, broad interpretation, and addressing modern issues (may depart from precedent).