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Essay Available:
Pages:
1 page/≈275 words
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1 Source
Level:
APA
Subject:
Law
Type:
Reaction Paper
Language:
English (U.S.)
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Topic:

The Supreme Court on Trial Law Reaction Paper Essay (Reaction Paper Sample)

Instructions:

Provide critical responses to the following (of equal value):
(1) “Despite its common usage and attraction as a shorthand for more complex ideas,
the term “judicial activism” is ultimately not a helpful way to structure debate about
judicial review, at least under the Charter or other modern bills of rights. The label
“judicial activism” obscures more than it illuminates because it allows commentators
to criticize the Court without explaining why they believe a particular decision is
wrong. Moreover, it allows critics to claim the high moral ground and hint at judicial
impropriety, without explaining their often controversial views about judging, rights,
and democracy”. [Prof. Kent Roach] Do you agree? Why or why not?
(2) Do you agree with Prof. Roach that “[a] constructive and democratic dialogue
between courts and legislatures under a modern bill of rights such as the Charter can
improve the performance of both institutions”. Why or why not? Answer with reference
to the readings, e.g., Roach, Rostow and Brest.

source..
Content:


The Supreme Court on Trial
Name
Institution
Date
(1)“Despite its common usage and attraction as a shorthand for more complex ideas, the term “judicial activism” is ultimately not a helpful way to structure debate about judicial review, at least under the Charter or other modern bills of rights. The label “judicial activism” obscures more than it illuminates because it allows commentators to criticize the Court without explaining why they believe a particular decision is wrong. Moreover, it allows critics to claim the high moral ground and hint at judicial impropriety, without explaining their often controversial views about judging, rights, and democracy”. [Prof. Kent Roach] Do you agree? Why or why not?

...
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