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Judicial Activism Video Lecture | Political Science Class 11 - Humanities/Arts

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FAQs on Judicial Activism Video Lecture - Political Science Class 11 - Humanities/Arts

1. What is judicial activism?
Ans. Judicial activism refers to an approach taken by judges to interpret and apply the law in a way that goes beyond the traditional legal boundaries. It involves actively shaping or influencing public policy through their decisions, rather than solely relying on the strict interpretation of the law.
2. What are the key characteristics of judicial activism?
Ans. The key characteristics of judicial activism include judges taking an active role in interpreting the law, being more willing to make bold and innovative decisions, and considering the societal impact of their rulings. It often involves judges using their power to address social, political, or economic issues and to advocate for change.
3. How does judicial activism differ from judicial restraint?
Ans. Judicial activism and judicial restraint are two contrasting approaches to interpreting the law. While judicial activism involves judges taking an active and expansive role in shaping public policy, judicial restraint refers to a more conservative approach where judges are cautious about overstepping their boundaries and defer to the decisions made by other branches of government.
4. What are the advantages of judicial activism?
Ans. Proponents of judicial activism argue that it can help address societal injustices, protect individual rights, and promote progressive social change. It allows judges to fill gaps in legislation, challenge unconstitutional laws, and ensure that the law remains relevant in a changing society. It also provides a check on potential abuses of power by other branches of government.
5. What are the criticisms of judicial activism?
Ans. Critics of judicial activism argue that it undermines the democratic process by allowing unelected judges to make policy decisions. They believe that it encroaches on the powers of the legislative and executive branches, infringes on the principle of separation of powers, and can lead to judicial overreach. Critics also contend that it can create legal uncertainty and inconsistency.
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