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(note: this explanation assumes understanding of several U.S. landmark cases) Judicial activism is closely tied with the personal standpoint of "liberal." It is basically being more "activist" or more in turn with "adding" to the U.S. Constitution rather than merely interpreting it (judicial restraint). Three major cases that have been touted as judicial activism abuse include Roe v. Wade, Lawrence v. Texas, and Brown v. Board of Education (abortion, homosexuality, and racial segregation, respectively). Without judicial activism, the U.S. would still be stuck with the Dredd Scott decision and Plessy v. Ferguson, regarding African Americans' rights. Without judicial activism, Lochner v. New York would stand as a legal precendent, and the minimum wage would be illegal on the basis that it violates the right to business contracts. Additionally, it could be argued that judicial activism is necessary because it is difficult to decide court cases based on the U.S. Constitution when the framers' are long dead, their intent unknown, and the Constitution written in an age before the modern or digital age.

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โˆ™ 2008-05-14 21:56:41
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Q: What is the need for judicial activism in India?
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Judicial activism and judicial restraint in India?

judicial activism and judicial restraint are the active role assigned to the apex court of India,supreme court under constitution of India 1950.they have to exercise these judicial powers for protecting the fundamental rightsand liberties of citizen of india.

How is judicial activism protecting democracy in India?

it avoidsmany disputes.ifjudicial activism weren't there then india would be suffering with many disputes,unjustice and every possible negative things

Example of Judicial activism?

Any time anyone disagrees with a decision, they scream Judicial Activism.

Was Miranda v. Arizona considered judicial restraint or judicial activism?

Activism. Contrary to belief, neither judicial restraint nor activism are either good nor bad. it's a case-by-case basis.

How does judicial activism compare to judicial restraint?

Judicial activism describes Supreme Court decisions that have the effect of formulating policy instead of merely interpreting the Constitution

What is the reason for an increase in judicial activism?

Judicial activism, or the perception of judicial activism, increases when the balance of the court favors justices with extreme viewpoints (either progressive or conservative) who have a political agenda, or who believe they need to correct constitutional interpretations and decisions of an earlier Court in order to influence social policy. Please note that judicial activism is a subjective term, usually applied pejoratively by an individual or group whose beliefs differ from that of the Court's majority (conservatives rarely refer to conservative decisions as activism; progressives rarely refer to progressive decisions as activism).

How does judicial activism and judicial restraint affect the separation of powers?

Judicial activism weakens the separation of powers by involving the Court in what are traditionally executive and legislative functions. Judicial restraint reinforces separation of powers.

What is sources of authority?

Judicial Activism

What are examples of judicial activism?

An example of judicial activism might be a judge who always rules in favor of the right to privacy, even when such a ruling is clearly unreasonable.

Contrast original intent with judicial activism?

The main types of contrasting judicial philosophies include judicial activism versus. Versus strict constructionism, and living document versus original intent.

Was Bush vs Gore judicial activism?

It did not seem to be judicial activism as there wasn't a larger issue at hand. Rather, the final decision appears historically to be judicial partisanship.

How do you see Judicial Activism in Pakistan?

To hell with Pakistan and you...

This type of judicial philosophy called?

The types of judicial philosophy include judicial activism, judicial restraint, loose constructionism and strict constructionism.

What Judicial philosophy states that the court should uphold acts of the Congress unless acts violate specific provisions of the Constitution?

Judicial restraint. The opposite of judicial restraint is judicial activism.For more information about the controversy over judicial activism and judicial restraint, see Related Questions, below.

Was Judicial Activism or Judicial Restraint used in the Tinker v Des Moines case?

Judicial activism was used because the Court ruled that the school policy prohibiting the students from wearing the arm bands to protest symbolically the Vietnam War violated the students' free speech rights. By overturning a policy of the government (the public school's policy), the Court exercised judicial activism.

What was the marshall court best known for?

for its period of Judicial Activism

Who favors judicial activism?

A person who favors judicial activism is one who prefers a decision to be made via a personal opinion, rather than focusing on the law. A person who does this is considered unlawful or a federalist.

Compare Judicial Restraint and Judicial Activism?

Judicial restraint is the theory that judges should limit their exercise of power and strike down laws only when they are obviously unconstitutional, and always follow precedents set by older courts. Judicial activism is the opposite view, and is sometimes meant to imply politically motivated judicial decisions.

How is the Jessica lal case related to Judicial Activism?

In judicial activism it is the people who give jutice to the victim and this is what happened in jessica lal case. thousands of Indians protested and stood for her so that she could get justice...

Did the Warren Court believe in judicial activism or judicial restraint?

The Warren Court, which was active from 1953 until Chief Justice Earl Warren retired in 1969, is often accused of judicial activism for its many decisions supporting African-Americans' civil rights. Whether they believed they were judicial activists or not is unknown.

Which is an example of judicial activism?

A justice allows his or her personal opinion to influence a decision.

What is it called when the Supreme Court uses its power to change policy?

Judicial Activism

What is judicial activism?

When a court changes the interpretation of a law from what the legislative branch intended

Does judicial restraint rely on the principle of stare decisis?

Doctrinalism relies on the principle of stare decisis.Judicial restraint relies on a narrow interpretation of the text of the Constitution and the Framers' inferred intent in decision-making. If the precedent being relied upon under stare decisis was made using judicial restraint, then adhering to the precedent also involves judicial restraint; if the controlling precedent being used represents an instance of judicial activism, then upholding the precedent also requires a (lesser) degree of judicial activism.The concepts of judicial restraint and judicial activism relate to decisions based on a particular theoretical view of the Constitution and its purpose. Stare decisis relates to consistency in upholding case law, regardless of whether the precedent was originally determined via activism or restraint.

How is the Jessica Lal case related to judicial activism in India compared to that of a developed country like the US?

judicial activism is important for common people who are lacking money and are unable to compete with rich people because rich people use money as AA weapon to shade their illegal activities.Answerjudicial activism is important for common people who are lacking money and are unable to compete with rich people because rich people use money as AA weapon to shade their illegal activities.

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