Topic of the day: Reactions to judicial review

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  • 2 bits Cottonwood Heights, UT
    June 28, 2013 11:27 a.m.

    IMO "Judicial Review" is good. Politicized "Judicial Activism" is not.

    IF the judicial review just applied EXISTING LAW (IE the Constitution or other applicable laws) when making their decisions... I think we would be in perfect-ville. But when they bring their political agendas and their personal ideologies and apply THEM instead of the law... we have a problem. And it doesn't matter which ideological bend the judge or panel is from. When they bring their politics into their decision (instead of the law)... it's bad.

    We NEED judicial review to prevent tyranny-of-the-majority (which is the drawback of PURE Democracy). Our founding fathers knew about this drawback and wanted to prevent it with all the counter-measures they put in our Constitution (they talked about it and wrote about this concern all the time).

    But it runs amok when the judges bring their biases (political or social) into the court room. That's why "Justice" is always depicted with a blindfold and a scale. She is blind to bias and ONLY applies the law (the scale) blind to personal or party prejudice.

  • Howard Beal Provo, UT
    June 27, 2013 10:53 p.m.

    Or we could say that judicial activism is when the courts go against the will of the people as expressed through ballot initiatives and their elected leaders...

    But in reality the issue is somewhat complicated. We are not a democracy but a republic. The rule of law has to prevail and the Constitution serves as the structure in which all laws must fit. Still, many can argue when laws are made, especially through the direct vote of the people themselves, it is frustrating to many when the nine people, who often disagree with each other, decide to overturn the law.

  • Darrel Eagle Mountain, UT
    June 27, 2013 3:34 p.m.

    Excellent and well thought out article.

    When the court rules our way it's good, when it doesn't is Judicial activism. Doesn't matter where in the spectrum you are, or the issue.