1. A Level Government & Politics
Judicial Philosophy
A Level Government & Politics
Students should be able to:
Understand the key judicial philosophies
Apply the philosophies to supreme court justices
Answer key questions regarding philosophy and the judicial branch

2. Judicial Philosophy
There are different ways you can classify judges in the United States.
They can be strict or loose constructionists, they can be conservative or liberal, left or right, and activist and restrained.
Whilst many justices won’t declare themselves one or another, it is often evident from their rulings and cases
We can use judicial philosophy to assess what type of court and what type of justices sit on the Supreme Court.

3. Constructionism Strict Constructionist Loose Constructionist
Constructionism is all about the Constitution, and rightly so as all law is derived from the constitution in some way.
Strict Constructionist
Interprets the Constitution in a literal or ‘strict’ way, look at the original intent of the Founding Fathers. Favour States rights over Federal Government. Tend to be labelled as ‘conservatives’
Loose Constructionist
Interprets the Constitution in a loose way, in which they ‘read between the lines’. They look at the context of the issue and the constitution. Favour federal government power over that of states power and rights. Tend be labelled as ‘liberals’

4. Activism & Restraint Judicial Activism Judicial Restraint
These terms refer to courts as a whole, and much of it depends on how many cases they take on.
Judicial Activism
Justices should use their position to promote desirable social ends. Activist courts have a large docket
Judicial Restraint
Justices should not ‘legislate’ from the bench, leaving this to the legislature and executive. Greater stress should be placed upon the precedent set by previous courts. Restrained courts have a smaller docket

5. Key Questions
Does the Supreme Court have a duty to intervene in moral issues where Congress will not?
Should the Court take it upon themselves to legislate from the bench and create new legal precedent?
Does a strict constructionist and judicially restrained court simply result in the status quo never changing?

6. A Level Government & Politics
Judicial Philosophy
A Level Government & Politics
Students should be able to:
Understand the key judicial philosophies
Apply the philosophies to supreme court justices
Answer key questions regarding philosophy and the judicial branch