Court Debate: Constrained Versus Dynamic
Number of pages:
7
ABSTRACT:
7 pages in length. The extent to which courts have the ability to impart significant changes upon existing laws is bound by two important elements: constrained and dynamic perspectives. From the constrained viewpoint, courts are quite limited in their collective strength to modify legislature due to constitutional limitations, lack of judicial independence and insufficiency of implementation powers. In contrast, the dynamic point of view reflects the belief that "courts are free from electoral constraints and institutional arrangements that stymie change. Uniquely situated, courts have the capacity to act where other institutions are politically unwilling or structurally unable to proceed" (Rosenberg, 1991, p. PG). The writer discusses constrained versus dynamic court as they relate to doctor-assisted suicide. Bibliography lists 8 sources.
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