POLS 207 Lecture Notes - Lecture 23: Political Question, Alexis De Tocqueville
20 Sep 2016
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Alexis de tocqueville hardly a political question in the united states that does not become a judicial one . Intuition of judicial review acts by the executive or laws by congress, they can review the constitutionality. Traditional/idealistic view of judges courts and judges should carry out legal theory, supposed to be devoted to the law. Judges should not be making up the law. Legal theory inherently conservative because it is supposed to be reliant on precedent, maintaining former ideas to the ideas today. English common law is the most common way that law is followed (49/50 states use english common law) Theories of the law should be applied by the judges to individual cases. Political scientists see judges and courts as political institutions and actors. Political scientists see judges as part of judicial politics. Judges are not so much concerned about the individual case but rather the outcome of the end: they have their own opinions and beliefs.
