This essay considers the opinion between adjudicatory philosophy and policy-making philosophy. There are many implications that can be foreseen when it comes to whether judges have an adjudicatory or a policy-making approach. Judges should be able to help shape the law in the following ways: policy-making philosophy keeps judges up to date with current laws; it can also help highlight issues in the legal system; and too little desire to shape the law can produce worse consequences than having too much.
Policy-making philosophy, or judicial activism, is the belief that judges should use their power broadly to further justice. A judge or justice who views the role with an activist lens is more likely to use his or her judicial power to broaden personal liberty, justice, and equality (Learning, et al). Many argue that it is necessary to correct injustices in today’s world and to correct needed social changes. The idea of policy-making philosophy can help judges stay up to date with current laws especially if they were needed to give their opinion on what the case is focused on. It is employed to give a judge access to use his personal judgement in cases where the law fails.…show more content… There are times when judicial activism has been hoped for from the courts, such as for same sex marriage laws. When there are laws that really stir up controversy in the media today, it is usually very well known. If a judge believes in having a policy-making approach it can give insight into problems that are faced in the legal
