Got a tricky question? Receive an answer from students like you! Try us!

Judicial activism - Essay Example

Only on StudentShare
College
Essay
Miscellaneous
Pages 3 (753 words)

Summary

Judicial Activism is the act of a Judge to decide upon a case on his own without referring to the constitution or against the public law. Judges are to abide by the provisions of constitution and the common law, which protect the public interest. But, in a very few cases, they are pressurized to protect the personal interest of a group of people by virtue of political ideologies and/or for personal gain…

Extract of sample
Judicial activism

The United States of America has a checking system of judicial activism to ensure that it is minimal and public interests are mostly protected. According to Merriam-Webster's Dictionary of Law, judicial activism is "the practice in the judiciary of protecting or expanding individual rights through decisions that depart from established precedent or are independent of or in opposition to supposed constitutional or legislative intent" (Jha).
The supporters of judicial interpretations have different philosophies and the most debated among them are strict constructionists and those who believe in living constitution. A strict constructionist is one who believes that the words and phrases used in the law and constitution are static and hence there are limited instances of interpretations. U.S. Supreme Court nominee John Roberts has been dubbed a "strict constructionist" -- someone who believes the U.S. Constitution should be interpreted exactly as its original authors intended" (Chadwick Alex). The main outcome of this philosophy is that judgment is based on what is written in the law and not on what it should be. Some of the popular supporters of this argument include Supreme Court of the United States Justice Hugo Black and former U.S. ...
Download paper
Not exactly what you need?

Related Essays

Cyber-Activism and Democracy
Both Republicans and Democrats agreed that majority of these young voters voted for Obama because of the contact campaign made to reach out the young voters through email and social networking sites. In fact it was as early as in February 2007 that President Nomination hopeful, Barak Obama launched his own social networking site (O'Hear, 2007). Therefore, it will be worthwhile to find out the kind of influence the cyber-activism had on the US democracy.…
5 pages (1255 words)
Judicial control
From the outset none of the terms 'check', 'control' or 'render accountable' has a single clear meaning;but,there are several ways of checking and controlling and several types of accountability and one of them is the judicial review the process by which administrative action is held up to scrutiny by the courts Judicial review has its own proceedings and procedures. In particular leave to apply to judicial review must be made within three months of the event that is alleged to give rise to the claim.Different views can be held of the role of the courts in this area, but they all have one…
6 pages (1506 words)
Judicial Style in Ukraine
The legitimate Court of Ukraine is the merely organization of legitimate authority in Ukraine. …
2 pages (502 words)