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Reply #37: My take on judicial activism [View All]

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Yupster Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-03-05 08:52 PM
Response to Reply #13
37. My take on judicial activism
A court has the right to rule a law unconstitutional. They may be right or wrong in my opinion, but that is their right.

However, a court does not have the right to write a law. That is judicial activism.

For example, a court could rule a state's legislative districts to be unconstitutional. However, if the court then presents its own map, in my opinion, they are writing a law, which is not the role of the judiciary. They are taking the legislature's job.

This comes up in many different areas.

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