The Supreme Court on Trial Law Reaction Paper Essay
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.
The Supreme Court on TrialNameInstitution
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?I agree with Roach since judicial activism may obscure judicial decisions and people have different interpretations of the judicial reviews of public policy, and commentators do not always offer concrete reasons for opposing decisions when they claim there is judicial activism. Sometimes the supporters of judicial activism seek to achieve desirable values and even justify them while ignoring some legal aspects that do not support their stance. The challenge then is whether judicial activism facilitates dialogue with the legislatures or whether this usurps the powers of the Constitution and legislature (Roach, 2016). Even when judicial activism is associated with protecting rights, opponents are likely to...
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