Judicial Activism

Judicial Activism

Judicial Activism

When researching for texts written about Judicial Activism, one comes across various authors who wrote and published works about the topic. These works are mainly journals, pamphlet, brochures, newspapers, magazines, and articles. Before delving into the subject matter, Judicial Activism, it is important first to understand what judicial philosophy means. Judicial philosophy is the way that a judge recognizes and interprets the law. Even though laws are universal, they should apply to particular cases with unique conditions. To conduct this, the law is interpret by the judge, who determine its meaning and at times the intention of people who write it. Among the major types of judicial philosophies is judicial activism vs. judicial restraint.

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Judicial activism is described as the judicial rulings assumed to be based on political or personal considerations instead of under the existing law. On the contrary, judicial restraint is a judicial interpretation theory that motivates judges to regulate the exercise of the power they possess. The paper presents the differences between the two philosophies, for instance, their difference in goals/objectives.

Lee, E. T. 2011. Judicial restraint in America: How the ageless wisdom of the federal courts was invented. New York: Oxford University Press.

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