Politicians Sitting on a Bench

Supreme Court TOO Politicised? 

Advantages

  • appointment process, politicised: president and senate confirm and nominate
  • quasi-legislative, make law that affects the American people, looks at both state + federal law
  • abortion, hand-guns, free speech, death penalty, affirmative action; however reflect public opinion eg) death penalty
  • strike against decisions made by president and congree; judicial review - gave them self this power
  • warren court legislated from the bench
  • judicial activism

Disadvantages

  • independent body, separation of powers, follow judicial procedures
  • not accountable, or representative, security of tenure,
  • their powers have been used sparingly, lots they have not commented on
  • inevitable they will be a bit politicised- but they're not too politicised

Evaluation

some political role - inevitable, but mainly just judicial power
necessary to keep the exec and congress in order

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