Anonymous asked in Politics & GovernmentGovernment · 1 decade ago

What is the relation??

How is Brown v. Board of Education (1955) related to the concept if Judicial Activism?

1 Answer

  • 1 decade ago
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    Brown vs. B.O.E. is about the violation of the 14th amendment, Judicial activism is Judicial activism describes an act of judicial interpretation that critics consider to take on suspected political reasoning, rather than an evaluation of applicable law. Whether a particular decision is characterized as judicial activism is a matter of political polemic. Although alleged activism may occur in many ways, the most debated cases involve courts striking down laws as unconstitutional. The manner and extent to which a court should interpret the Constitution is a matter of great debate, with views on the correct approach ranging from strict constructionism to the living constitution. In the United States, Australia and Canada, the term may be used pejoratively to describe rulings or decisions which are perceived to endorse or implement a particular social or political agenda. In practice, any decision which is beyond expectations will be labeled as an instance of judicial activism.

    so the violation of the 14th amendment related to judicial activism because of the B.O.E. unconstitutional actions.

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