"Judicial activism" refers to a situation in which judges and courts take an active role in shaping or changing laws beyond interpreting them. Instead of strictly following established laws or the Constitution, they may use their power to create new laws or implement changes based on their personal beliefs or social values. It is often seen as a controversy because it blurs the line between the roles of judges and lawmakers.
Full definition
Another perfect example of our boat going off course: since when have we as a society ever been concerned
about judicial activism?
Again, why is judicial independence sufficient to
warrant judicial activism while general concerns with respect to ensuring access to justice is not?
Courts are criticized
for judicial activism for preventing foul chemical discharges and automobiles, toxic effusions and for enforcing measures to secure clean water, air and soil.
In his FA Mann Lecture last November Sumption pinned his colours to the mast
on judicial activism in general, and this latest fascinating survey of foreign policy case law illustrating the retreat of judicial deference must be read in that light.
The North American Chamber of Commerce immediately blasted the decision, calling it the «most blatant example of
judicial activism in the history of the United States Supreme Court.»
Traditionalists dismayed
by judicial activism in this area should keep that criterion in mind when making arguments against it.
Lincoln, in contrast, viewed
judicial activism as illegitimate, judicial precedent as problematic, and judicial supremacy as despotic.
Actually, the Heritage people, with good reason, are calling for
more judicial activism or, maybe to be more precise, judicial assertiveness.
«Thanks to the leadership of Mayor Bloomberg and Commissioner Kelly, New York City is the safest large city in America but
liberal judicial activism and political interference threatens to turn back the clock putting people in danger and sacrificing the quality of life in the city,» Long said.
The Bingham Centre makes the valid point that the fact that cases such as Al Rawi (allegations of rendition and torture by the security services which resulted in a large civil settlement) have meant courts ordering more disclosure from the security services may be more a result of policy changes by the security services than of
judicial activism which needs to be reined in.
At Bench Memos, Ed Whelan addresses the parallel phenomenon, that of attacking the Roberts court for its
supposed judicial activism.
If I were the president, I would take the
partisan judicial activism masquerading as constitutional principle route, no matter what the Court decides.
Will traditional marriage follow the path of preborn life — an issue moving
from judicial activism and socially elite proclamations that a generational shift was «inevitable» and «the debate is over» to our day decades later where the youngsters are more right minded about abortion than their parents.
Rather than sharing the room with a large elephant while he discusses whether BP is overpaying for its spill, I would like to see Olson first defend the mess he made of democracy in California while sharing the stage with conservative luminaries who have yet to
embrace judicial activism.
While sitting at JFK waiting for a plane, I realized that Carl, Peter, and Pete were on to something in their discussion of deferential,
minimalist judicial activism.
The emptiness facilitated by Will's basically apolitical brand of
libertarian judicial activism is what pushes us most forcefully down the road to serfdom.
But they unwittingly laid the groundwork for it by giving the Supreme Court a constitutional amendment couched in terms so broad and undefined that it eventually became a vehicle for
freewheeling judicial activism and thereby turned judicial review into a legislative power.
He did imply it would somehow stop
future judicial activism in the ECJ from affecting the UK - which hints at the dangerous.
So, on some controversial issues where something needs to be done, it may be that legislative indecision is starting to become a reason for
increased judicial activism.
The question remains whether the CJEU has shown too
much judicial activism by using the instrument of teleological interpretation and whether it crossed the boundaries into the realm of illegitimacy.
Tagged with: Charter of Rights and Freedoms Chief Justice Joyal doctrine
history judicial activism judicial restraint Justice Stratas political culture role of legislatures
John Yoo makes the case here that the court's decision amounts to
judicial activism Yoo argues that the Executive Order did not even apply to this case since the issue was simply the enforcement of the law.