Sign up for FlowVella
Sign up with FacebookAlready have an account? Sign in now
By registering you are agreeing to our
Terms of Service
Loading Flow
Loose Constructionism and Judicial Activism
Although under the constitution it says that that compulsory exclusion is allowed under circumstances of "emergency or peril" one could make the argument of who decides what qualifies as "emergency and peril?" Since this is not defined specifically under law this is judicial activism, a decision made by the judges views of the law. The judge decides that this does qualify as emergency and peril.