There are some judges who rely on precedents (earlier judicial decisions).In short, a law can be interpreted in different ways. According to the supporters of this philosophy, the judiciary intervenes only when the legislature fails to do its job. Considering that politics commonly plays a role in almost all other government branches, it would make sense that it would do the same in the judicial system too. Judicial restraint is superior because it is procedural; there is nothing personal involved.
When a judge takes up the role of a legislator and exercises freedom to find new meanings in a law enacted by the legislature, review an existing law, or strike down certain acts and precedents, it is called judicial activism. In some cases, judges can literally override any law simply because they feel like it and can even set aside the jury’s verdict under certain circumstances. The pros and cons listed above indicate that when judicial activism is implemented correctly, it can properly check and balance existing laws. What happens if the legislature executes the functions of the judiciary? Judicial restraint and judicial activism are two theories of judicial interpretation. There is no other authority above the Supreme Court. A specific legal provision can be interpreted in different ways. So it can take just decisions to address such problems.Through judicial activism, the judiciary is keeping a check on the legislature that does not function properly. These cookies do not store any personal information.Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Though the government has three organs, the judiciary has the final say in matters of dispute. It is the people, who have to take steps to resolve that problem, by selecting an efficient legislature.Judicial activism is contradictory to the concept of separation of powers. Basically, it allows judges to intertwine their own personal feelings into a conviction or sentence, rather abiding by existing laws. While judicial restraint tends to be conservative in nature, judicial activism is more liberal.Here are some arguments and criticisms with regard to these theories. The judges can over ride any law that there is, which technically means there are no laws in the judges eyes. Actually, it is their duty to solve those matters that plague the society. So, restraint is advisable while exercising that power.In short, both the theories of judicial activism and restraint have their own advantages and disadvantages.
Cons of Judicial Activism. We've created informative articles that you can come back to again and again when you have questions or want to learn more!This website uses cookies to improve your experience while you navigate through the website. I feel that judicial restraint stays closer to what the constitution outlined for the judicial branch. According to this theory, none of these branches must exercise the powers vested on others. However, it can also prone to abuse based on the personal preference of a judge. It is mandatory to procure user consent prior to running these cookies on your website.Sign up to receive the latest and greatest articles from our site automatically each week (give or take)...right to your inbox.We hope you enjoy this website. He/she may also strike down unconstitutional laws.So, judicial restraint means strict adherence to law, without considering factors like changing needs of the society or fairness.
Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Here is a brief overview of the various aspects of the concepts of judicial activism and restraint.According to a report released by The Institute for Justice in 2011, the Supreme Court struck down only 103 (two-thirds of 1%) of the 15,817 laws passed by the Congress from 1954 to 2002. It may also happen that the same law is interpreted by different judges in different ways. On the other side, the theory of judicial activism refers to that condition, wherein the judge interprets the law, according to his personal view, keeping in mind the needs of the contemporary society.
The concept of judicial activism has long been a matter of debate.
On the other hand, judicial restraint is highly important, even if the legislature fails to work properly.
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