Civil liberties

I have been asked to discuss the extent, if any; whether the doctrine of president curbs judicial creativity. Do judges make law; or does it stem from judicial precedent? Judicial precedent is the process whereby... What is the doctrine of judicial precedent? Must judges in all circumstances follow legal precedent...? The doctrine of judicial precedent is that, to make common law fair, judges in their rulings should follow past decisions made by other judges, in similar cases. This is based on the maxim 'stare decisis et non quieta movere' which means 'stand by what has been decided and do not unsettle the established'.

Throughout the 19th century, the Supreme Court had taken a 'constructionist' approach to the constitution. Constructionism is where the courts construe the constitution in a literal sense, with a cautious approach (linked with the Conservative ideal). F. Roosevelt wanted the Supreme Court to take a more 'activist' approach; this is where the constitution is interpreted loosely, usually in a more flexible, liberal manner. Once again, the two main ideologies 'Conservatism' and 'Liberalism' had found a way to confront each other.