Judicial activism

Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint.[1] The term usually implies that judges make rulings based on their own views rather than on precedent.[2] The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers.

  1. ^ Wolfe, Christopher (1997). Judicial activism. Rowman & Littlefield Publishers, Inc. ISBN 0-8476-8531-4.
  2. ^ "judicial activism | Definition, Types, Examples, & Facts | Britannica". www.britannica.com. Retrieved 18 February 2022. It is not pejorative, and studies suggest that it does not have a consistent political valence.

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