What is Judicial Activism?

Definition and meaning of judicial activism: Judicial activism is a term used to describe the practice of judges making decisions based on their personal beliefs or values, rather than on the grounds of existing laws. This means that judges are taking a more active role in interpreting the laws and making decisions based on their own individual values and beliefs. Judicial activism is a controversial issue because it gives judges the power to make decisions that may not be in line with the laws passed by legislatures and the will of the people. Examples of judicial activism can be seen in cases where the Supreme Court has made decisions that overturned or modified laws that had been passed by Congress. For example, the Supreme Court decision in Roe v. Wade struck down state laws that made abortion illegal, while the decision in Obergefell v. Hodges granted same-sex couples the right to marry. In both cases, the Court made decisions based on their interpretation of the Constitution, rather than on existing laws passed by legislatures. Reform-minded individuals often advocate for judicial activism, as it can be a way for the courts to provide a check on the power of legislatures, and to ensure that the rights and freedoms of individuals are not violated. However, opponents of judicial activism argue that it can be used to undermine the will of the people, and can lead to an erosion of democracy.


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