Question
Question 1-2 Throughout the so-called formalist age, it turns out many prominent judges and jurists acknowledged that there were gaps and uncertainties in the law and that judges must sometimes make choices. -Brian Z. Tamanaha, Law Professor These remarks reflect Tamanaha's view of - freedom of speech constitutional powers judicial activism electoral process
Answer
4.6
(173 Votes)
Winston
Professional · Tutor for 6 years
Answer
C. judicial activism
Explanation
The quote from Brian Z. Tamanaha, a Law Professor, discusses the role of judges and jurists during the formalist age. He acknowledges that there were gaps and uncertainties in the law, and that judges must sometimes make choices in such situations. This statement directly relates to the concept of how judges interpret and apply the law when clear guidelines are not present. The options provided are:1. Freedom of speech: This is a fundamental right protected under the constitution but is not directly related to the process of judicial decision-making or interpretation of law.2. Constitutional powers: While judges do interpret the constitution, the quote does not specifically address their constitutional powers.3. Judicial activism: This term refers to judicial rulings that are believed to be based on personal or political considerations rather than on existing law. Tamanaha's quote hints at the necessity for judges to sometimes fill gaps in the law, which can be a form of judicial activism.4. Electoral process: This involves the methods and regulations surrounding elections and is not related to judicial interpretation or the process of filling gaps in the law.Given the context of the quote, it seems to best align with the concept of 'judicial activism,' where judges take an active role in interpreting the law and making decisions, especially in cases where the law is not clear or complete.