SOSC 3360 Lecture Notes - Judicial Restraint, Lochner V. New York
Document Summary
Ideas of judicial review; their theories comes up regularly when making decisions in the. The gentle branch, the supreme court is less likely to push people into positions they are not comfortable with. Don"t have to worry about the supreme court. Unlike the other two branches, court cannot claim electoral legitimacy. Judges in the supreme court are not elected. It is important to understand judicial review and its legitimacy: problems with judicary review. Issue of democracy, they are not elected and that gives them less. One can question the extent to which democray is represented. Democracy in the states is really a series of faction, groups of people. A representative, a series of minority group in electoral sense. No one elected a judge to sit on the supreme court. Sometimes judicial review is justified because many people make important decisions who arnt elected as well. A lot of government is delicate to people,