Desire2Learn Political Science (POS) 4 Practice Test

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A judge who believes in deferring to the decisions of elected representatives believes in __________.

Judicial Restraint

Judicial restraint is the approach where judges defer to the elected branches and limit their own intervention. A judge who believes in deferring to decisions of elected representatives is prioritizing accountability and the separation of powers, trusting that lawmakers answer to the people and should shape policy within constitutional bounds. This stance contrasts with judicial activism, which involves the judiciary actively shaping policy by overturning laws or expanding constitutional rights. The Attitudinal Model centers on a judge’s own policy preferences guiding decisions, not on deference to the legislature, and originalism focuses on interpreting the Constitution as it was originally understood rather than on deferring to elected bodies.

The Attitudinal Model of Decision Making

Originalism

Judicial Activism

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