Social Sciences, asked by shandilianand, 8 months ago

Relation between Morality and Positivism in respect to Judicial Activism?

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Answered by pritigupta19
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Answer:

The two theories are independent of each other: it's perfectly consistent to accept one but reject the other. Legal positivism claims that ii) is false. Legal positivism and the natural law theory of morality law are rival views about what is law and what is its relation to justice/morality.

Answered by avaniaarna
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Answer:

Upholding Constitutional morality and judicial values is indispensable to ensure an individual his inalienable fundamental rights in the process of dispensing justice. But in the modern days there has been a precipitate diminution of admiration and a sharp erosion of the constitutional and judicial values which ought to actuate the administration of justice.

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