I'm just curious, what exactly is an activist judge? How are we to know when a judge is an activist?
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CF has always been a site that welcomes people from different backgrounds and beliefs to participate in discussion and even debate. That is the nature of its ministry. In view of recent events emotions are running very high. We need to remind people of some basic principles in debating on this site. We need to be civil when we express differences in opinion. No personal attacks. Avoid you, your statements. Don't characterize an entire political party with comparisons to Fascism or Communism or other extreme movements that committed atrocities. CF is not the place for broad brush or blanket statements about groups and political parties. Put the broad brushes and blankets away when you come to CF, better yet, put them in the incinerator. Debate had no place for them. We need to remember that people that commit acts of violence represent themselves or a small extreme faction.
Activist Judges
- Thread starter Danhalen
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jayem
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"Activist" judges are those whose decisions overturn legal traditions.
Conservatives like the traditions of, let's say, the 1850s.
Liberals, on the other hand, like the tradtions of the 1970s.
Both groups want judges who will uphold their favorite traditions. They just differ by 120 years or so.
Conservatives like the traditions of, let's say, the 1850s.
Liberals, on the other hand, like the tradtions of the 1970s.
Both groups want judges who will uphold their favorite traditions. They just differ by 120 years or so.
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Danhalen said:
Any judge who interprets/follows the law in a way that does not fit with one's political agenda.
Most of the time I find that the people who call a judge "activist" actually do NOT want them to make decisions in line with the Constitution or current laws. IMO.
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Activist Judge = someone who departs from existing legal precedents in their decision . ie. If you're in Australia, it's usually High Court judges (cause lower court judges are usually bound). So some of the judges in the famous Mabo case were seen to be activists.
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tcampen
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An activist judge is any jurist who hands down a decision you don't agree with.
I don't buy the "departing with legal tradition" argument one bit. One only read the tortured legal reasoning of an "original intent" Supreme Court Justice like Scalia, and you'll see a thinly veiled act to overturn decades of established jurisprudence. Judges from all political pursuasions depart from established legal precedence from time to time in the face of new facts and circumstances. The U.S. Constitution did not contemplate every possible fact scenario, thus requiring a certain amount of interpretation. There is no express "right to privacy" written in the Bill of Rights, but it is clearly an ideal presented therein - for example.
I don't buy the "departing with legal tradition" argument one bit. One only read the tortured legal reasoning of an "original intent" Supreme Court Justice like Scalia, and you'll see a thinly veiled act to overturn decades of established jurisprudence. Judges from all political pursuasions depart from established legal precedence from time to time in the face of new facts and circumstances. The U.S. Constitution did not contemplate every possible fact scenario, thus requiring a certain amount of interpretation. There is no express "right to privacy" written in the Bill of Rights, but it is clearly an ideal presented therein - for example.
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