Legal Question in Constitutional Law in Texas

judicial restraint vs judicial activist

What are possible benefits or outcomes of judicial restraint placed on judges or outcomes of judicial activism for judges.


Asked on 4/21/05, 10:30 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: judicial restraint vs judicial activist

First we need to be clear on terms: "judicial restraint" means "I agree with this decision" and judicial activism means "I do not agree with this decision." This is why the same politicians who so often attack jhudges whom they claim depart from the law condemned the judges in the Terry Schiavo case for *not* departing from the law.

"Judicial activism" is a phrase that politicians like to use in order to try and gain crontrol of the judiciary - or at least get the judges they want appointed. But when the politicians prefer a particular result and don't get it they will call the judge an activist regardless of how solid his/her legal reasoning actually is.

I must add that only one of the two major parties often uses this dishonest tactic against judges.

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Answered on 4/21/05, 10:48 pm


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