Sunday, March 20, 2011

What role do judges and the judicial system play in supporting freedom?

Judges and the judicial system play a huge role in supporting freedom. The judicial branch is mainly in charge of interpreting the law and applying it in society, therefore they hold a large influence in government.  Without the law, the country would be very chaotic because everyone would be able to do as they please. They support freedom by establishing certain laws which define what is acceptable in a free society.  It is an excellent idea in any nation to have established what is acceptable and what is not acceptable in order to avoid complete chaos because every single person's perspective on what is wrong or right will differ.  It is impossible to have a country where all of the people will agree on the same thing.  Judicial Activism plays a very large role in supporting freedom because it allows the courts to "overrule laws made by a majority of elected officials" (The Power of Politics, p. 264).  This concept has been viewed as a way for "judges [to protect] the weak from oppressive majorities" (The Power of Politics, p. 264).  This conveys the power of the judicial branch and importance that it plays in keeping the other two branches honest. 
Obtained From: <https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiYnhHCX6syZP9TgRzTcZUkIkbVnJ3Y4Zoc08pooR5ex5JqBg7ySNkk46gfNhV0YkjSMuhCRP9dXQGVqmeRtBTBK6KWkkkc-DJpoRmiR429epKqLlUkdz1HrqVmwWIo2oUDbMCzRvP794Q/s400/cartoon_fridge+04-02-04.jpg>

I really like this cartoon because it emphasizes the downside of law, which may occur if the law is taken too far.  Sometimes the law may contradict the freedom of choice.  For example legally people are required to wear seat belts when they drive for their own protection.  That makes me think though, shouldn't my safety be a choice that I make instead of having made for me.  Another topic that has been very controversial is the freedom of smoking.  It has always been a topic of whether or not smoking should be made illegal because of the negative health effects that it causes.  Personally I do not smoke because I hate the smell and the negative health effects, however it should be my own choice.  I thought that this cartoon went really nicely with this topic because it shows that if there are too many things which are not allowed, then there is nothing left. 

References:
The Politics of Power.  Ira Katznelson, Mark Kesselman, Alan Draper.  2011
Cartoon: <https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiYnhHCX6syZP9TgRzTcZUkIkbVnJ3Y4Zoc08pooR5ex5JqBg7ySNkk46gfNhV0YkjSMuhCRP9dXQGVqmeRtBTBK6KWkkkc-DJpoRmiR429epKqLlUkdz1HrqVmwWIo2oUDbMCzRvP794Q/s400/cartoon_fridge+04-02-04.jpg>

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