Politics and judicial review

This chapter examines the ways in which politics impinges upon judicial review and the various attempts that have been made to minimise or maximise the political potential of judicial review. It assesses the extent to which the political characteristics of judicial review demand that we view the U.S. Supreme Court primarily as a political body. The chapter explains the tradtional and modern views taken by the Court on judicial interpretation as well as the judicial interpretation of the statutes, and identifies two main judicial role philosophies, those of judicial selfrestraint and judicial activism. Political bodies, including the U.S. President and the U.S. Congress, try to control the process of appointing Justices, and try to influence the Court's deliberations and decisions on a case-by-case basis. So do interest groups. Although the Court's decisions are generally in tune with public opinion, there is little direct relationship between the Court and the people.