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What is the need for judicial activism in India?

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2008-05-14 21:56:41

(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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