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UkoKoshka [18]
2 years ago
10

Define judicial activism and judicial restraint. Explain the reasons that judges would exercise

History
1 answer:
Gelneren [198K]2 years ago
6 0

Answer:

Judicial restraint

Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities; it is the opposite of judicial activism. Aspects of judicial restraint include the principle of stare decisis; a conservative approach to standing and a reluctance to grant certiorari; and a tendency to deliver narrowly tailored verdicts, avoiding "unnecessary resolution of broad questions."

Explanation:

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The decades around the year 50 BC saw the end of the Roman Republic, and the rise of the Roman Empire. What factors led to the d
dem82 [27]

The aristocracy (wealthy class) dominated the early Roman Republic. In Roman society, the aristocrats were known as patricians. The highest positions in the government were held by two consuls, or leaders, who ruled the Roman Republic. A senate composed of patricians elected these consuls. At this time, lower-class citizens, or plebeians, had virtually no say in the government. Both men and women were citizens in the Roman Republic, but only men could vote.

Tradition dictated that patricians and plebeians should be strictly separated; marriage between the two classes was even prohibited. Over time, the plebeians elected their own representatives, called tribunes, who gained the power to veto measures passed by the senate.

Gradually, the plebeians obtained even more power and eventually could hold the position of consul. Despite these changes, though, the patricians were still able to use their wealth to buy control and influence over elected leaders.

The Roman Senate

The history of the Roman Senate goes as far back as the history of Rome itself. It was first created as a 100-member advisory group for the Roman kings. Later kings expanded the group to 300 members. When the kings were expelled from Rome and the Republic was formed, the Senate became the most powerful governing body. Instead of advising the head of state, it elected the chief executives, called consuls.

Senators were, for centuries, strictly from the patrician class. They practiced the skills of rhetoric and oratory to persuade other members of the ruling body. The Senate convened and passed laws in the curia, a large building on the grounds of the Roman Forum. Much later, Julius Caesar built a larger curia for an expanded Senate.

By the 3rd century B.C.E., Rome had conquered vast territories, and the powerful senators sent armies, negotiated terms of treaties, and had total control over the financial matters of the Republic.

Senatorial control was eventually challenged by Dictator Sulla around 82 B.C.E. Sulla had hundreds of senators murdered, increased the Senate's membership to 600, and installed many nonpatricians as senators. Julius Caesar raised the number to 900 (it was reduced after his assassination). After the creation of the Roman Empire in 27 B.C.E., the Senate became weakened under strong emperors who often forcefully coerced this ruling body. Although it survived until the fall of Rome, the Roman Senate had become merely a ceremonial body of wealthy, intelligent men with no power to rule.

Occasionally, an emergency situation (such as a war) arose that required the decisive leadership of one individual. Under these circumstances, the Senate and the consuls could appoint a temporary dictator to rule for a limited time until the crisis was resolved. The position of dictator was very undemocratic in nature. Indeed, a dictator had all the power, made decisions without any approval, and had full control over the military.

The best example of an ideal dictator was a Roman citizen named Cincinnatus. During a severe military emergency, the Roman Senate called Cincinnatus from his farm to serve as dictator and to lead the Roman army. When Cincinnatus stepped down from the dictatorship and returned to his farm only 15 days after he successfully defeated Rome's enemies, the republican leaders resumed control over Rome.

The early Roman Republic often found itself in a state of constant warfare with its surrounding neighbors. In one instance, when the Romans were fighting the Carthaginians, Rome was nearly conquered. The people of Carthage (a city in what is today Tunisia in north Africa) were a successful trading civilization whose interests began to conflict with those of the Romans.

The two sides fought three bloody wars, known as the Punic Wars (264-146 B.C.E.), over the control of trade in the western Mediterranean Sea. In the second war, Hannibal, a Carthaginian general, successfully invaded Italy by leading an army — complete with elephants — across the Alps. He handed the Roman army a crushing defeat but was unable to sack the city of Rome itself. After occupying and ravaging Italy for more than a decade, Hannibal was finally defeated by the Roman general Scipio at the Battle of Zama in 202 B.C.E. Hope You Like My Answer!:)


3 0
3 years ago
What do the governments of Mexico and Denmark have in common?
Afina-wow [57]

Answer:

The United States of Mexico is a federal presidential republic. The Constitution of 1917 is in force with numerous amendments. Executive power belongs to the president, who is the head of state and government. The President forms the cabinet, appoints and removes ministers, the Attorney General (with the approval of the Senate), members of the Supreme Court (with the approval of the Senate) and other senior public servants. The President determines domestic and foreign policy, has legislative initiative and veto power, establishes diplomatic relations and concludes international treaties. The president is elected by the people on the basis of universal, direct, secret ballot, without the right to re-election. Legislative power belongs to the bicameral National Congress. The principles of public administration in accordance with the 1917 Constitution meet the criteria for representative liberal democracy.

Denmark is a constitutional monarchy. The constitution was adopted in 1849; amendments were made in 1915 and 1953, when a unicameral parliament was created and women were allowed to become head of state. The head of state is the king, who exercises legislative power together with a unicameral parliament. The highest legislative body is Folketing. Executive power belongs to the monarch and is carried out on his behalf by the government. The government is appointed by the Prime Minister, approved by Folketing and is accountable to him.

Thus, the similarity is the fact that in Mexico the president and in Denmark the king determine domestic and foreign policy. However, the difference is obvious, primarily consisting in the very form of government - the republic and the monarchy, respectively, with all the further differences that follow from this.

Explanation:

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3 years ago
Who owns and controls resources when they are nationalized?
anyanavicka [17]
A. The government. “Foreign” and “international” are opposition the nationalization of resources. Private businesses may also include those outside the nationalization efforts.
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4 years ago
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What ended the reign of the Romanov family?
NeTakaya

The Bolshevik Revolution. Although WW1 was the catalyst that did lead to their downfall.

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4 years ago
Why were Confucian ideals demonstrated during the Han dynasty
Nady [450]
<span>Children were taught obedience to family and elders

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