The view point of Ideology
1.0 Comparison between Liberal Jurisprudence and Conservative Jurisprudence
Conservative jurisprudence can be understood as an agenda of conserving existing conditions, upholding restricted rights in cases concerning individual, society, and sexual liberty interests in order to retain in its traditional style as similar in the past as possible whereas liberal jurisprudence place itself with a constitutional theory that expand individual rights. By applying these ideologies in the interpretation of the legislation, it can be said that conservatives will interpret the text as a rulebook to be followed strictly as possible and they are able to justify employing the narrowest level of generality in their analyses of
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If the right to habeas corpus is not being extended to the detainee, the majority judges are of the opinion that the branches such as executive and etc. except judicial, would have a whole control over Guantanamo Bay causing the judicial branch to have no position in reviewing the legal processes. The majority judges had stated …show more content…
They have considered the future event and the possible risk they might have faced if the detainee is still restricted from the right to habeas corpus such as, the intervention of branches in Guantanamo Bay.
The majority therefore held that the detainees are entitled to challenge their detention by the writ of habeas corpus whereas Justice Scalia is still restricting himself on the interpretation of text of Constitution. By comparing the view of Justice Scalia and majority, it can be said that Justice Scalia had focused on the text of the Constitution (which is rigid and restricted) whereas the majority focused on the individual liberty (a more flexible view by allowing wider interpretation of the Constitution).
Looking at the judgement by the judges, there’s no definite answer on whose approach is right or wrong. However, in this century, there are many possible challenges that will be faced by the courts and Congress. If we are to adopt Justice Scalia’s conservative approach, it is reasonable to presume that the development country will be restricted as people will be restricted to obey the text of the Constitution given at its literal interpretation, whereas, if the country adopted a wider approach of interpreting text, the law may be applied flexibly by the courts in every different
From 1992 to 2005, the Supreme Court’s decisions mostly mirrored public opinion. After Rehnquist’s passing in 2005, the Supreme Court has swung more in the direction of the conservative party than in pervious years. The conservative agenda is becoming more prominent than it was under Rehnquist and before O’Connor retired. Besides swing the court to the consertive side, Rehnquist’s passing also ended the longest running group of Justices to serve together. They had...
One of President Lincoln’s most notable infringements was his suspension of the writ of habeas corpus. Within months of taking the presidential oath, Lincoln ordered the suspension of habeas corpus, citing “supra-constitutional reasons for taking unilateral executive action.” Attorney General Edward Bates’ defense of Lincoln’s actions regarding habeas corpus in which he refers to it as a privilege rather than a guaranteed civil liberty serves as basis for proving the illegitimacy of this act. If the writ of habeas corpus, which protects citizens from unlawful imprisonment, is viewed in the manner that Bates (and Lincoln for that matter) refers to it, one of the most basic constitutional liberties of a right to trial can easily be deprived and can very well devolve into despotism later
Bail is often left to the judge’s discretion and depending on the seriousness of the offense, the judge can act accordingly to the bail sentence, whether it may be a money bond or a mere promise to appear in court. The judge also has the authority to deny a defendant’s bail if deemed a danger to society. I personally believe the preventive detention act is important, especially in cases of high risk witness to testify against the defendant. U.S. v. Salerno is an intriguing case involving the captain of the Genovese crime family. Charges against Mr. Salerno demonstrated several accounts of racketeering and also alleged murder. Given such a high risk target, the courts rule to confine Mr. Salerno was important to protect
Classical liberalism is a theory of democracy that saids the best kind of government is one
American idea of rights are shaped daily by the Bill of Rights and the acts that Congress is prohibited to amend. The syll Bibliography:.. Bibliography Grunes, Rodney A. & Co. (Autumn 1989). "Creationism, the Courts, and the First Amendment," in Journal of Church and State, 456-86. Klinker, Philip A. & Co. (1991)
views as to whether or not Judicial review, and the Supreme Court as a whole,
Controversy and arguments that were setbacks in the ongoing battle for women’s rights, specifically the right to an abortion, were put to slight a rest with the landmark verdict of Roe v. Wade. The revolution in reproductive rights caused by Roe v. Wade evolved from a spark in the hearts of women everywhere. When women claimed their rights as humans, that was when the face of women’s equality in all aspects started to change. The case of Roe v. Wade was the official legalization of a woman’s constitutional right to get an abortion in the United States, but the aftermath of any case is what makes or breaks the future laws and regulations. Through all of the restrictions, regulations, and loopholes, Roe v. Wade’s verdict stuck and continued to
The judicial branch will continue to play a vital role in the ‘struggle’ for power in foreign affairs and the use of armed forces. We will surely see public debate and congressional involvement over a recent decision by President Obama that authorized the ‘targeted killing’ of a US citizen abroad without due process under the pretext combating terrorism.
Such precedent setting decisions are usually derived from the social, economic, political, and legal philosophy of the majority of the Justices who make up the Court, and also represent a segment of the American population at a given time in history. Seldom has a Supreme Court decision sliced so deeply into the basic fabric that composes the tapestry and direction of American law or instigated such profound changes in cherished rights, values, and personal prerogatives of individuals: the right to privacy, the structure of the family, the status of medical technology and its impact upon law and life, and the authority of state governments to protect the lives of their citizens. 3-4. The syllables are. The far-reaching impact of Roe v. Wade derives from one cause: Every abortion involves, either surgically or chemically, the destruction of a human zygote or a human fetus, and the subsequent removal of that human life from his/her mother's womb.
Even in this modern day, your rights are not always secured. During wartime, the government can suspend Habeas Corpus, which prevents unfair arrests and punishments. Suspending Habeas Corpus is taking your rights to a fair trial, and throwing them in the trash. As you are probably assuming, the suspension of habeas corpus has been a controversial topic. You must also be asking yourself, “why take away the people's’ rights, wasn’t the United States built on the rights of citizens?”. Some people see that suspending Habeas Corpus could be useful during a war because it allows someone to quickly be prosecuted, with only the need for probable cause, while other people see it as an unnecessary check on American citizens’ rights.
The ruling of the case brought up the shift of American tradition and noted that times were officially changing. When the Supreme Court attained its verdict in Roe v. Wade, they brought up decades of law, which first instituted that the government could not impede on people's personal affairs about reproduction, marriage, or any other feature in your personal life. In this case it was evident that the Suprem...
Typically Liberalism can be categorized into two different strands, Classical and Modern (yet some thinkers advocate a third strand that is referred to as Neo-Liberalism), each characterized by their differing and to some extent unavoidably overlapping attitudes regarding the theory behind the ideology and how it should be put into practice. Prior to examining how these relate to one another and before making any comparisons, it is important to give a definition, as best as possible, of Liberalism as a concept.
Modern liberalism and modern conservatism are both political outlooks that involve acceptance or support of the balance of the degree of social equality and social inequality; while they tend to avoid political changes that would result in extreme deviation of society to either side. Modern liberalism and modern conservatism tend not to be as centrist or middle-of-the-road ideologies as they once could be. Ideology is a set of ideas and beliefs that guide the goals, expectations, and actions of a group (Webster’s Dictionary). Individuals who are conservative or liberal tend to have views that align within a political party, whether it be Republican or democratic, but this is not always the case. There are conservative democrats, such as, Jim Costa and Jim Cooper and there are liberal republicans, such as, Nathaniel Banks and George Washington Julian. Another name for conservative democrats would be blue dog democrats while the nickname for liberal republicans is the Rockefeller republicans. These two ideologies tend to be more of the centrist ideologies. Modern liberals tend to be members of the Democratic Party because they support a wide range of welfare programs and government support of the public sector and tighter corporate regulations (PP Modern Liberalism). U.S. Conservatism evolved from classical liberalism, which makes them similar, yet there is many differences between modern conservatism and modern liberalism. There are principles and tenets that govern each ideology. A tenant is a belief or idea that is held as being true from a group (Webster’s Dictionary). In understanding both ideologies, it is imperative to have an understanding of classical liberalism. Classical liberalism was built on ideas from the seventeenth ...
Carmen, Irin. “Abortion Bans with Exceptions for Rape Are Hypocritical.” Opposing Viewpoints in Context. 2012. Web. 13 Jan. 2014
The term ‘judicial activism’ means a court decision suspected of being built or based on individual, political or private reflections instead of the actual law. In America, judicial activism is considered either as conventional or as plentiful. The original retro of American legitimate antiquity was categorized by traditional justice involvement where the Central Supreme Law court was reluctant to allow the conditions or the assembly to permit lawmaking that would control social or financial businesses. Judges should not read between the lines or add their own experiences when it comes to determining what the verdict will be. The United States Constitution is direct, with plainly written sentences and all judges should follow those guidelines.