Do the Courts have too much power to make policy from the bench? Consider issues
ID: 334976 • Letter: D
Question
Do the Courts have too much power to make policy from the bench? Consider issues such as abortion, equal access to education, the use of religious symbols in public schools, etc. Should decisions on controversial issues like these be made by Courts or by Legislators? Why? Illustrate your answer with your own research. Do the Courts have too much power to make policy from the bench? Consider issues such as abortion, equal access to education, the use of religious symbols in public schools, etc. Should decisions on controversial issues like these be made by Courts or by Legislators? Why? Illustrate your answer with your own research.Explanation / Answer
The judicial system keeps a check on the legislature thru judicial activism . In fact, it is their responsibility to resolve such issues which trouble the society. According to the advocates of this notion , the judicial system intervenes only when the parliament fails to do its job. The government may consume too much time in enacting a law relating to certain contentious / debatable social reforms.
According to a different viewpoint, judicial activism is inconsistent to the notion of separation of powers.
The legislature is elected by the populace, & the elected reps are assigned the role of legislating. On the other hand, the members of the judicial system aren’t elected by the populace, & aren’t meant to legislate. The judiciary can be indiscriminate / unfair. Although the government has 3 organs, the courts have the ultimate say in issues of dispute. There’s no other authority higher than the Supreme Court. Hence, restraint is desirable when applying that power.
In brief, both the notions of judicial activism & judicial restraint have their own pros & cons. However, juries nullifying any unconstitutional laws for protecting public interest can’t be considered as intrusion into the dominion of the legislature
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