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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.

What is sources of authority?

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

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.

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 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.

How do you see Judicial Activism in Pakistan?

To hell with Pakistan and you...

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