How does judicial activism benefit the masses?
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Black's Law Dictionary defines judicial activism as a "philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions."[5]
Political science professor Bradley Canon has posited six dimensions along which judge courts may be perceived as activist:[6]majoritarianism, interpretive stability, interpretive fidelity, substance/democratic process, specificity of policy, and availability of an alternate policymaker. David A. Strauss has argued that judicial activism can be narrowly defined as one or more of three possible actions: overturning laws as unconstitutional, overturning judicial precedent, and ruling against a preferred interpretation of the constitution.[citation needed]
Others have been less confident of the term's meaning, finding it instead to be little more than a rhetorical shorthand. Kermit Roosevelt III has argued that "in practice 'activist' turns out to be little more than a rhetorically charged shorthand for decisions the speaker disagrees with";[7] likewise, the solicitor general under George W. Bush, Theodore Olson, said in an interview on Fox News Sunday, in regards to a case for same-sex marriage he had successfully litigated, that "most people use the term 'judicial activism' to explain decisions that they don't like."[8]Supreme Court Justice Anthony Kennedy has said that, "An activist court is a court that makes a decision you don't like."[9][10
Political science professor Bradley Canon has posited six dimensions along which judge courts may be perceived as activist:[6]majoritarianism, interpretive stability, interpretive fidelity, substance/democratic process, specificity of policy, and availability of an alternate policymaker. David A. Strauss has argued that judicial activism can be narrowly defined as one or more of three possible actions: overturning laws as unconstitutional, overturning judicial precedent, and ruling against a preferred interpretation of the constitution.[citation needed]
Others have been less confident of the term's meaning, finding it instead to be little more than a rhetorical shorthand. Kermit Roosevelt III has argued that "in practice 'activist' turns out to be little more than a rhetorically charged shorthand for decisions the speaker disagrees with";[7] likewise, the solicitor general under George W. Bush, Theodore Olson, said in an interview on Fox News Sunday, in regards to a case for same-sex marriage he had successfully litigated, that "most people use the term 'judicial activism' to explain decisions that they don't like."[8]Supreme Court Justice Anthony Kennedy has said that, "An activist court is a court that makes a decision you don't like."[9][10
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Judicial activism benefit the masses as it provides an opportunity to citizens, social groups, consumer rights activists, etc., easier access to law and introduced a public interest perspective.
It has played an commendable role in protecting and expanding the scope of fundamental rights. Some of the rights recognized through judicial activism are as follows...
- Right to live with Human Dignity
-Right to Livelihood
-Right to Shelter
- Right to Privacy
- Sexual harassment of working women: Violative of Art 14 and 21
-Right to Health and Medical Aid
-Right to live in a pollution free environment
-Ban on smoking in public places
-Compensation for violation of Act 21
-Right of prisoners
-Nullifying section 66A of IT ACT
It has played an commendable role in protecting and expanding the scope of fundamental rights. Some of the rights recognized through judicial activism are as follows...
- Right to live with Human Dignity
-Right to Livelihood
-Right to Shelter
- Right to Privacy
- Sexual harassment of working women: Violative of Art 14 and 21
-Right to Health and Medical Aid
-Right to live in a pollution free environment
-Ban on smoking in public places
-Compensation for violation of Act 21
-Right of prisoners
-Nullifying section 66A of IT ACT
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