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Read the Critical Thinking Exercise located on page 188. Student’s choice in answering ONLY 1 of the posted questions. Minimum of 500 words.
Dammer, Harry, R., and Albanese, Jay, S. Comparative Criminal Justice Systems, 5th Edition – ISBN 9781285067865
1. Traditional theories of judicial review hold that neutral or principled grounds are the only legitimate bases for judicial decisions and reject political motives in judicial decision making. Do you believe this is true? Do you see principled versus political motives in important U.S. Supreme Court constitutional decisions which overturn laws passed by legislatures (such as restrictions on gun ownership or the death penalty)?
2. Judicial review is a double-edged sword. If exercised courageously but prudently, it can be used to defend the rights of those politically and economically disadvantaged or hold the line against abuses of power. On the other hand, judicial review can easily become a formidable instrument for legitimating the interests of existing political and economic elites. Can you provide example of cases where the U.S. Supreme Court, like the courts in Korea, attempted to walk the line between government power and the rights of individuals without that power?