As important members of society, it is essential for the young generation to understand the frameworks behind important decisions made by the judiciary. Two of the most fundamental concepts within the legal system are judicial activism and judicial restraint, and it is crucial for students to learn about them in their early education.
Judicial activism is the concept that judges should play an active role in interpreting the law and using their judicial power to bring about change, particularly in situations where political or social progress is needed. This means that judges may use their personal beliefs to influence their decisions, even if it means interpreting the Constitution in a new way that may challenge previous interpretations or practices.
In contrast, judicial restraint is the belief that judges should limit their interpretation of the law and resist using their personal opinions to influence their decisions. Judges who engage in judicial restraint believe in upholding precedent and allowing the political branches of government to make political decisions on behalf of society.
Teaching students about judicial activism and judicial restraint is valuable because it teaches them how to think critically about the role of judges in society and how they interpret the law. These two concepts also provide insight into how the judiciary functions and makes decisions that impact society.
Students can learn about these concepts through classroom discussions, readings, and mock trials that illustrate how these concepts play out in a court case. Teachers can also use real-life examples, such as court cases that involved high-profile events, to illustrate how judicial activism and restraint played a role in the outcome of the case.
Learning about these concepts benefits students as they enter adulthood and become important members of society who may also participate in political and legal decision-making processes. By understanding the role of the judiciary in society, students can apply critical thinking to important legal and societal issues and make informed decisions.
Ultimately, teaching the next generation about judicial activism and judicial restraint can foster a sense of civic responsibility and help them fully understand how the judiciary influences and shapes the law. Through this education, students can become active participants in their communities, further strengthening our democracy.
