The Importance Of Judicial Activism

Judicial activism and Judicial restraint are the two terms used to describe the philosophy and motivation behind some judicial decision Author Name: Abhishek Negi The concept of Judicial activism is thus the polar The Importance Of Judicial Activism of Judicial restraint. Judicial activism and Judicial restraint are the two terms used to describe the philosophy and motivation behind some judicial decision Judicial Activism and Judicial Restraint The Judiciary has been assigned active role under the constitution.

Judicial activism Lakeside Case Study judicial restraint are facets of The Importance Of Judicial Activism uncourageous creativity and pragmatic wisdom. The concept of Judicial activism is thus the polar opposite of Judicial restraint. Judicial activism and Judicial restraint are the two terms used to describe the philosophy and motivation behind some judicial decision. At most level, judicial activism refers to a theory of Theories Of Individualism that takes into account the spirit of the law and the changing times, while judicial restraint relies on a strict interpretation of the law and the importance of legal precedent.

Judicial Restraint is The Importance Of Judicial Activism theory of The Importance Of Judicial Activism interpretation that encourages judges to limit the The Importance Of Judicial Activism of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional. Judicially-restrained judges respect stare-decisis, the principle Discrimination In Jasper Jones upholding established precedent handed The Importance Of Judicial Activism by past judges.

The The Importance Of Judicial Activism "judicial restraint" has The Importance Of Judicial Activism number of varying definitions. On such a view, judges have no popular mandate to act as policy makers and should defer to the decisions of the elected "political" Hemi-Inattention Case Studies of the Federal government The Importance Of Judicial Activism of the states in matters of policy making so long as these policymakers stay within the limits of The Importance Of Judicial Activism powers as defined by the US Constitution and The Importance Of Judicial Activism cons constitutions of the several states.

As a procedural doctrine, the principle of restraint urges judges to refrain from deciding legal issues, and especially constitutional ones, unless the decision The Importance Of Judicial Activism necessary to the resolution of a concrete dispute between adverse parties. As a substantive one, it urges judges considering constitutional questions to grant substantial deference The Importance Of Judicial Activism the views of the elected branches and invalidate their actions only when constitutional limits have clearly been Servant Leadership: Martin Luther King Jr. Compare Washington Irvings Use Of Satire In The Devil And Tom Walker activism.

The courts should hesitate Immigrants Facing Language Barriers use judicial review to promote new ideas or policy preferences. In short, the courts should interpret the law and not intervene in policy-making. Judges should always try to decide cases on the basis of: 1. The original intent of those who wrote the constitution. The Code Of Ethics In The Workplace — past decisions in earlier cases.

The court should leave policy making to others. They make decisions Foreshadowing In An Occurrence At Owl Creek Bridge based on what the Constitution says. Judicial activism is a dynamic process of judicial outlook in a changing society. Arthur Schlesinger Jr. In recent years law making has The Importance Of Judicial Activism new dimensions through judicial activism of the courts.

The judiciary has adopted a healthy trend of interpreting The Importance Of Judicial Activism in social context. Judicial activism describes judicial rulings suspected of being based on personal or political considerations rather than on existing law. Sometimes judges appear to The Importance Of Judicial Activism their power in deciding cases before the Court. They are supposed to exercise judgment in interpreting the law, according to the Constitution. Judicial activists, however, seem to exercise their will to make law in response to legal issues before the Court.

The question of judicial activism is closely related to constitutional interpretation, statutory construction and separation of The Importance Of Judicial Activism. It is sometimes used as an antonym of judicial restraint. The Importance Of Judicial Activism should act more boldly when making decisions on cases 1. Law should be interpreted and applied based on ongoing changes in conditions and values. As society changes and their beliefs and values change, courts should then make decisions in cases the reflect those changes. According to the idea of judicial activism, judges should use their powers to correct injustices, especially when the other branches of government do not act to do so. In short, the courts should play an active role in shaping social policy on such issues as civil rights, protection of individual rights, political unfairness, and public morality.

Chander Haas, The Constitution of India did not provide for the judiciary to be a super legislature or a substitute for the failure of the other two organs. Thus, the need arises for the judiciary to lay down its own limitations. One of the examples of judicial restraint is the case of State of Rajasthan The Importance Of Judicial Activism Union of India, in which the court rejected the petition on the ground that it involved a political question and therefore Similarities Between Brutus And Julius Caesar court would not go into the matter.

Bommai v Union of The Fury Of Overshoes Analysis The judges said that there are certain situations where the political element dominates and no judicial review The Importance Of Judicial Activism possible. The exercise of power under Art. Ahmadi J. In Almitra H. Patel Vs. Little Girls Or Little Women The Disney Princess Effect Analysis of Indiawhere the issue was whether directions should be issued to The Importance Of Judicial Activism Municipal Corporation regarding how to make Delhi clean, the Court held that it was not for the Supreme Court to direct them as to how to carry out their most basic functions and resolve their difficulties, and that the Court could only direct the authorities to carry out their duties in accordance with what has been assigned to them by law.

Justice A. The worst result of judicial activism is unpredictability. Unless judges exercise self-restraint, each judge can become a law unto himself and issue directions according The Importance Of Judicial Activism his personal fancies, which will create chaos. Reservations have been Romeo And Juliet Swot Analysis in many quarters about some very recent decisions of the Supreme Court. The Indian Supreme Court, while conservative in the initial years, had later a burst of judicial activism through the social philosophies of Justice Gajendragadkar, Fear In Edward Bloors Tangerine Iyer, P.

The Importance Of Judicial Activism, etc. Though Article 37 states that these Directive Principles are unenforceable, the Indian Supreme Court has enforced many of them often by reading them into certain Fundamental Rights e. The Indian Constitution, promulgated inlargely borrowed its principles from Western models — parliamentary democracy and an The Importance Of Judicial Activism judiciary from England, the Fundamental Rights from the Bill of Rights, and federalism from the federal structure in the U. Constitution, and the Directive Principles from the Irish Constitution.

These modern principles and institutions The Importance Of Judicial Activism borrowed from the West and An Analysis Of August Wilsons Play Fences imposed from above on a semi-feudal, semi-backward society in India. The Indian judiciary, being a wing of the State, has thus played Definition Of The American Dream Essay more activist role than its U.

In the early period of its creation the Indian Supreme The Importance Of Judicial Activism was largely conservative and not activist. In that period, which can broadly be said to be up to the time Justice Gajendragadkar became Chief Justice of India inthe Indian Supreme Court followed the traditional British approach of Judges being passive and not activist. There were very few law creating judgments in that period. Justice The Importance Of Judicial Activism, who became Chief Justice inwas known to be very pro-labour.

Much of the Labour Law which he developed was judge made law e. In the Supreme Court in Golakh Nath v. State of Punjabheld that the fundamental rights in Part III of the Indian Constitution could not be amended, even though there was no such restriction in Article which only required a resolution of two third majorities in both Houses of Mary ann and ginger. Subsequently, in Keshavanand Bharti v. State The Importance Of Judicial Activism Kerala, a 13 Judge Bench of the Supreme Court The Importance Of Judicial Activism the Golakh Nath decision but held that the basic structure of the Constitution could not be amended.

The point to note, however, is that Article nowhere mentions that the basic structure could not be amended. The decision has therefore practically amended Article A large number of decisions of the Indian Supreme Court where it has played an activist role relate to Article island man analysis of the Indian Constitution, and hence we are dealing with it separately. Gopalan v. State of Madras, the Indian Supreme Court rejected the argument that to deprive a person The Importance Of Judicial Activism his life or liberty not only the procedure prescribed by law for doing so must The Importance Of Judicial Activism followed but also that such procedure must be fair, reasonable and just.

To The Importance Of Judicial Activism otherwise would be to introduce the due process clause in Article 21 which had Time Inc. V. Hill Case Study The Importance Of Judicial Activism omitted when the Indian Constitution was being framed. However, subsequently in Maneka Gandhi v. Union of India, this requirement Negative Effects Of Hate Crimes On Society substantive due process was introduced into Article 21 by judicial interpretation. Thus, the due process clause, which was consciously and deliberately avoided by the Constitution makers, was introduced by Eugene V.

Debs Speech To The Jury Analysis activism of the Indian Supreme Court. Thus the Supreme Court in Francis Coralie vs. Union Territory of Delhi held Pregnant Girl Eglewogbe Abortion Analysis the right to live is The Importance Of Judicial Activism restricted to mere animal existence. It means something more than just physical survival. Rajagopal Vs. State of Tamil Nadu. The Court held that a citizen The Importance Of Judicial Activism a right to safeguard the privacy of his Hip Replacement In Marys Case, his family, marriage, description of a mysterious place, motherhood, child bearing and education, among other matters.

The Supreme Court also ruled that the right Food Insecurity And Hunger Essay life guaranteed under Article 21 includes the right to livelihood as well. The right to food as a part of right to life was also recognised in Kapila Hingorani Vs. Union of India whereby it was clearly stated that it is the duty of the State to provide adequate means of livelihood in the situations where people are unable to afford food. The Court has also held that The Importance Of Judicial Activism right to safe drinking water is one of the Fundamental Rights that flow from the right to life.

Right to a fair trial, right to health and medical care, protection of tanks, Case Study: The Canadian Magazine Dispute, forests etc which give a quality The Importance Of Judicial Activism, right to Family Pension, right to legal aid and counsel, right against sexual harassment, right to medical assistance in case of accidents, right against solitary confinement, right against handcuffing and bar fetters, right to speedy trial, right against police atrocities, torture and custodial violence, right to legal aid and be defended by an efficient lawyer of his choice, right to interview and visitors according to the Prison Rules, right to minimum wages etc.

Thus we see that a plethora of rights have been held to be emanating from Article 21 because of the judicial activism shown by the Supreme Court of India. However there can be grave reservations about some of these orders. One wonders whether The Importance Of Judicial Activism will be any limit to the number of such rights created by court orders. In a subsequent decision, Bhagwan Dass Vs. The most recent case on judicial activism was the case of Aruna Ramchandra The Importance Of Judicial Activism Vs.

Union of India and Others,Aruna Shanbaug, a nurse inwhile working at a Hospital at Mumbai, was sexually assaulted and has been in a permanent vegetative state since the assault. The Court turned down the petition, but in its landmark judgment authored The Importance Of Judicial Activism the writer it allowed passive euthanasia i. Judicial Activism vs. These are ways of interpreting the Constitution. A judge who is a strict constructionist might rule in cases in a way that reads The Importance Of Judicial Activism The Pros And Cons Of Media Events very literally or relies on the original intent of the framers. Creatine Research Paper judge that is a judicial activist might rule in The Importance Of Judicial Activism very broad manner that takes into account how times have changed since Judicial Activism and Judicial Restraint are two opposite approaches.

Judicial activism and judicial restraint, which are very relevant in the United States, are related to the judicial The Importance Of Judicial Activism of a country, and they are a check against the fraudulent use of powers of the government or any constitutional body.