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

Judicial activism - Essay Example

Only on StudentShare
Author : georgettevonrue

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

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)
The constitutional jurisprudence of the European Court of Justice is a paradigm of judicial Activism. Discuss in relation to Art. 234 EC
, the judicial activism of the European Court of Justice has been one of the most intriguing aspects of the evolving legal and judicial framework in Europe, because it “appoints the European Court as meeting place between the legal order of the Community and those of its member states.”3 It has in fact, represented the driving force of European integration through the fashioning of a constitutional framework for a federal type of structure within the European Union.4…
12 pages (3012 words)
Dworkin and legal positivists seek to provide guidelines for impartial judicial decision making, but do so in different ways and with different results. Discu
non-Dworkian sense implies that the legal validity of a given norm, and hence whether it forms part of the law of that system, depends on its sources, not its merits. This paper discusses the jurisprudential basis of impartiality in judicial decision-making based on the theory of Dworkin and juxtaposing the same with another contemporaneous legal positivist, Professor H.L.A Hart.…
6 pages (1506 words)
activism
The purpose of art activism is to be heard collectively. Its major focus lies on the issue at hand and not on the artist as an individual (Cohen-Cruz, 2002).…
5 pages (1255 words)
Judicial Activism
By interpreting, the judge is equipped with knowledge to decide what applies in a particular case. The decision must also be constitutional rather than a biased one. (Scalia, 1997)This is what is referred to as strict constructionism or strict constructivism. The judge must first acquire the meaning of a particular clause of the constitution then apply it in the ruling. The use of strict constructionism is recommended where the provisions of the constitution are unclear, ambiguous or absurd.…
2 pages (502 words)