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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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16y ago
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12y ago

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.

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10y ago

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

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Q: Judicial activism and judicial restraint in India?
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