PSC 2302 Lecture 4: Chapter 4: Judicial Review
7 Feb 2017
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Balancing of interests analysis: implies that the protection of individual rights sometimes must be balanced with countervailing societal needs. Precedent or stare decisis (meaning to let previous decision stand) has been a staple of judges for resolving legal conflicts. It is not necessarily true that judicial restraint is conservative and judicial activism is liberal. A bit of a weak argument, since the actual record of the. The eakin v. raub supreme court case made judicial review legal on a state level: with the decision of this case, state supreme courts were granted the same powers of judicial review as the national judicial branch. While this decision had important ramifications for state supreme courts, the case is also notable for inspiring one of the most effective denouncements of judicial review (by raub. The constitution and the rights given to the legislative branch to pass an act are in collision with each other.
