Question

Barbour and Wright utilize the term judicial ______ to describe the idea that courts should be both lawmaking and policymaking bodies.

A. positivism
B. activism
C. interpretivism
D. restraint

Answer 1

Barbour and Wright utilize the term judicial activism to describe the idea that courts should be both lawmaking and policymaking bodies. Judicial restraint, on the other hand, refers to judges who interpret the Constitution in a literal sense, deciding on matters without using judicial review to make new law.

Step-by-step explanation:

Judicial activism is the term used by Barbour and Wright to describe the idea that courts should be both lawmaking and policymaking bodies. The term refers to judges who use their powers of judicial review to create policy without the authority of the people or their elected representatives. On the other hand, judicial restraint refers to judges who interpret the Constitution in a literal sense, deciding on matters without using judicial review to make new law.