Explain the concept of judicial activism.

Judiciary And Legal Systems Questions



63 Short 25 Medium 48 Long Answer Questions Question Index

Explain the concept of judicial activism.

Judicial activism refers to the approach taken by judges in interpreting and applying the law, where they actively and creatively shape legal principles and policies to address societal issues and promote social change. It involves judges going beyond their traditional role of interpreting laws and instead actively engaging in policymaking. Judicial activists often prioritize their own personal beliefs and values, and may use their power to challenge and overturn existing laws or government actions that they deem unconstitutional or unjust. This concept is often associated with a more liberal or progressive approach to the law, as it seeks to address social injustices and promote equality. However, critics argue that judicial activism can undermine the separation of powers and the democratic process, as it allows unelected judges to make decisions that should be left to elected representatives.