Do you think this is true in the United States? If so, can you provide a specific example? c

Traditional theories of judicial review hold that neutral or principled grounds are the only legitimate bases for judicial decisions and reject political motives in judicial decision-making. Do you believe this is true? Do you see principled v. political motives in important U.S. Supreme Court constitutional decisions which overturn laws passed by legislatures (such as restrictions on gun ownership, or marijuana use)? b. Interestingly, those behind high-profile cases brought to the court are often those who seek political agendas. In Korea, they defer to the Korean Constitutional Court when a political deadlock is reached (and they were unwilling or unable to settle contentious public disputes in the legislature). Politicians may invite judicial intervention deliberately to avoid public criticism of their incapability of action and to divert responsibility to the Court. Do you think this is true in the United States? If so, can you provide a specific example? c. When people cannot get decisive action from their political leaders, they are very likely to turn to courts and judges instead. That is, when any political group cannot gain electoral support enough to be a dominant ruling party or coalition, the court becomes perceived as the most reliable civil institution in the country. In controversial cases, such as gun ownership rights or marijuana use in the U.S., do you see similarities or differences from this trend occurring? d. Judicial review is a double-edged sword. If exercised courageously, but prudently, to defend the rights of those politically and economically disadvantaged or hold the line against abuses of power. On the other hand, judicial review can easily become a formidable instrument for legitimating the interests of existing political and economic elites. Can you provide examples of cases where the U.S. Supreme Court, like the court in Korea, attempted to walk the line between government power and the rights of individuals without that power?


 

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