What is judicial activism?

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Judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism and the specific decisions that are activist are controversial political issues.

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Answer

What is Judicial Activism?
Judicial activism refers to the proactive role played by the judiciary in interpreting laws and the Constitution, often going beyond the traditional boundaries of legal interpretation. It signifies a willingness to address social issues through judicial decisions, impacting public policy and individual rights.
Key Characteristics of Judicial Activism:

Interpretative Flexibility: Judges take a broader view of the Constitution, adapting its principles to contemporary societal needs.
Protection of Rights: Courts actively safeguard individual rights, especially in cases where other branches of government may fail to act.
Influence on Policy: Judicial decisions can lead to significant changes in public policy, affecting areas like civil rights, environmental regulations, and healthcare.
Counterbalancing Legislative Apathy: Activist judges often step in when legislative bodies are seen as unresponsive or ineffective in addressing pressing issues.

Arguments For and Against Judicial Activism:

For: Advocates argue that it ensures justice and equity, particularly for marginalized groups, and serves as a check on legislative and executive powers.
Against: Critics contend that it undermines democratic principles by allowing judges to make decisions that should be the prerogative of elected officials, potentially leading to judicial overreach.

Conclusion:
Judicial activism plays a crucial role in shaping the legal landscape, reflecting the evolving nature of society. While it has its proponents and detractors, its impact on governance and individual rights is undeniable.

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