Judicial Activism And/or Judicial Restraint ——A Research On Lochner V. New York

Lochner v. New York is a famous case in the early days of 20th Century in the United States. In the case, the Federal Supreme Court of United States rejected an Act in New York that regulated the maxim working time for baker shop workers, based on her interpretation of the Fourteenth Amendment of the Constitute of the United States. Therefore, the judicial history of America enters into the Era of Lochner. Till the Constitute Revolution in 1937, the Supreme Court gave up her reasoning and philosophy in Lochner.However, from the day that the Supreme Court ruled in Lochner and even in the days of the Era of Lochner, she appeared a division on the Necessary to insist the attitudes and holding in Lochner. From a point of view, the division can be described as Judicial Activism and Judicial Restraint. 1950s saw a hot debate and criticism on Judicial Activism and Judicial Restraint. The focus was on the power of Judicial Review of the Supreme Court.Chapter I introduces the contexts of Lochner v. New York and summarizes the holding. It analyzes the reasoning, the objections and the divisions among the Justices in the Federal Supreme Court. In the end, it studies the issue of Judicial Review.Chapter II describes the course that the Federal Supreme Court of United States gave up her reasoning and philosophy in Lochner v. New York. It analyzes the Court-Packing Program supported by the US President Franklin Roosevelt and the important matters revealed the changing of the Federal Supreme Court. Based on the Constitution Revolution and the attitude of the Federal Supreme Court, it studies the issue how and in which manner the Justices changed their judicial philosophies in Judicial Review.Chapter III traces the origins of the notions Judicial Activism and Judicial Restraint. It compares the advantages and disadvantages between Judicial Activism and Judicial Restraint. It continues to study the theories that support Judicial Activism and Judicial Restraint. It reveals the problems and confusions on the Judicial Review during and after the Era of Lochner.Chapter IV argues on the functions and restrictions of Judiciary. It discusses the functions of Judiciary based on the Powers and Check Systems. Meantime, it analyzes the inside and outside constraints on the Judiciary. Hence, it tries to illustrate the Judiciary in a real world.