Legal essay on judicial activism. Judicial Activism Essay ⋆ Political Science Essay Examples ⋆ EssayEmpire 2022-12-16
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Judicial activism refers to the idea that judges should actively interpret and apply the law in a way that reflects their own personal or political beliefs, rather than simply following established legal precedent. This approach to decision-making is often contrasted with judicial restraint, which holds that judges should adhere strictly to the text of the law and refrain from imposing their own views on cases.
There are strong arguments on both sides of the debate over judicial activism. On one hand, some proponents argue that judicial activism is necessary in order to adapt the law to changing social and political circumstances, and to protect the rights of minority groups and individuals who may be marginalized by the legislative or executive branches of government. For example, in the landmark 1954 Supreme Court case Brown v. Board of Education, the Court struck down segregation in public schools as a violation of the Equal Protection Clause of the 14th Amendment, despite the fact that segregation was legal at the time. This decision, which was widely seen as an act of judicial activism, helped to bring about significant social change and progress towards racial equality.
However, there are also valid concerns about the potential negative consequences of judicial activism. Some critics argue that it undermines the rule of law, as it allows judges to impose their own personal or political beliefs on society rather than following established legal principles. This can lead to inconsistency and unpredictability in the legal system, and can create confusion and uncertainty for businesses, individuals, and other stakeholders. In addition, judicial activism can be seen as a threat to the separation of powers, as it allows the judiciary to wield significant influence over policy matters that are traditionally the domain of the legislative and executive branches of government.
Ultimately, the appropriate balance between judicial activism and judicial restraint will depend on the specific context of each case and the values and priorities of the society in question. However, it is important for judges to be mindful of the potential consequences of their decisions and to consider the long-term implications of their actions. In general, it may be advisable for judges to exercise caution and restraint in cases where there are significant potential consequences or where the law is unclear or ambiguous, and to rely on established legal precedent and principles rather than imposing their own views on society.
Legal essay on Judicial Activism
But sometimes the victims themselves are afraid to voice their grievances in the public because speaking up entails shame, ostracization, and even extra-judicial killings. Having a sheriff or official go out and perform a job may be going too far depending on the reasonable suspicion. Nellie McClung, one of Canada's foremost social activists and its first feminist waged a political battle for Canadian women's rights, specifically the right to vote. It is incorrect to say that international legal system is without a court to decide international disputes. Because it involves taking a life as punishment for a crime, it is an ethical and moral dilemma, too. To date, four women, Sandra Day O'Connor who is now retired from the Court , Sonia Sotomayor, Ruth Bader Ginsburg, and Elena Kagan have served as justices of the U.
Judicial activism in Indian scenario The Indian Constitution, promulgated in 1950, largely borrowed its principles from Western models — parliamentary democracy and an independent judiciary from England, the Fundamental Rights from the Bill of Rights, and federalism from the federal structure in the U. Judicial activism becomes necessary to put a check on tyranny born out of a temporary political majority in legislature which might otherwise seek to rewrite the constitution in order to be entrenched in power. Experience however has not shown them to be of any great practical value. It has carried forward participative justice. There are 12 appellate districts in Ohio, and the state Supreme Court is mandated to hear appeals of cases originating in the appellate courts, as well as cases concerning the State or U. The lack of concern by the legislature for some pressing problems of the people and the near-disappearance of responsible and responsive governance by the executive have compelled the court to enforce the rights of citizens through novel and innovative strategies to meet the needs of the times whether it is government accommodation or the Hawala case, the court is upholding constitutional rights ; the right to life in the first example and the right to equality in the latter two.
On the other hand, defenders of judicial activism assert that the courts merely perform their legitimate function. Both interpretations have their own strengths and weaknesses, which is why it is so hard to come to a final decision of which is acceptable and which is not in most cases. In India, the judiciary activism originated after the Emergency and hence Public Interest Litigation was used by the courts to reach out to public directly. The concept 'Living Constitutionalism' revolves around humanizing the law. Nonetheless, Lu sees some hope for transgressive representations of Asian women in media, particularly in those films which actively seek to explode stereotypes regarding Asian women not simply by fulfilling the desires of a white, patriarchal society but rather by demonstrating full-fledged, unique characters whose Asian and female identity is only one constituent part of their personality and whose expression is not limited to the roles prescribed for Asian women in American media 24-26. A judge who deploys a dynamic theory of interpretation may interpret equal protection to strike down legislation that limits marriage to opposite sex couples or may interpret constitutional language to expand rights; this can be seen by the static camp as judicial activism. Juffrey jowell from England.
Judicial Activism Essay ⋆ Political Science Essay Examples ⋆ EssayEmpire
Racial Disproportionality in the American Prison Population: Using the Blumstein Method to address the Critical Race and Justice Issue of the 21st Century. Philosophical Notes, 35, 1-2. This means that the EA is not obliged to construct or maintain such works. Krishna Ayer have played a key role in promoting this avenue of approaching the apex court of the country, seeking legal remedies in areas where public interests are at stake. SHRM Online - Society for Human Resource Management. Administrative agencies are beyond the influence of the technical processes that are applied in courts of trial. Judicial restraint is a procedural or substantive approach to the exercise of judicial review.
The amendment process of the US constitution was made rigid, this was so that every amendment made was properly scrutinised and would not destroy the foundations of the constitution. According to Thomas B. Under… He attacked the underlying premise of the decision, saying that, "A constitution is not intended to embody a particular economic theory… It is made for people of fundamentally differing views" Paul 74. The area of judicial intervention has been steadily expanding through the device of public interest litigation. The United States Constitution is the supreme law if the land, produced by our founding fathers more than 200 years ago.
Only for particularized ones. Supreme Court Persuasive Essay 721 Words 3 Pages In the year 2000, during the presidential election, many people had believed that Al Gore had won, only to discover in the morning that George W. Judicial activism can be loosely defined as "decisions that overturn laws and overrule precedents," Chemerinsky, 2010. Step 3: Come to an agreement about what rights to include On Wednesday, we'll have our own Constitutional Congress. United States Constitution Bill of Rights. A Matter of Interpretation: Federal Courts and the Law.
A College History of the United States, St. America's battle for God: A European Christian looks at civil religion. In recent years law making has assumed new dimensions through judicial activism of the courts. I've given a brief overview of the Bill of ights, one of the most important and contested aspects of the Constitution, but look into the British system of government as well which influenced the creation of our own and France. Ahmadi, the former Chief Justice of India, judicial activism is a necessary adjunct of the judicial function because the protection of public interest, as opposed to private interest, is the main concern. City of New London and Judicial Activism Kelo v. Congress previously passed an income tax law in 1894, which the Supreme Court found to be unconstitutional, not being divided among the states by population.
Every state knew what they were getting into. Conclusion Judicial activism is considered a form of personified justice and therefore viewed as an inherent judicial principle. When such citizen raise grave constitutional issues and exercise their fundamental rights in invoking the jurisdiction , the Supreme Court is lift with little choice but to act. The President has the authority to appoint judges, interpret court decisions, and pardon people convicted in the courts. Lawrence: University of Kansas Press, 1999. Abstract declarations are useless, unless there exist the will and the means to make them effective. Thirty Years of Sentencing Reform: The Quest for a Racially Neutral Sentencing Process.
