write short note on judicial activism
Answers
Judicial activism is a lawful term that refers to court judgments that are partially or fully based on the judge's political or private considerations, rather than existing laws. ... The question of judicial activism is closely related to constitutional understanding, legislative construction, and division of powers.
Explanation:
A judiciary is an independent body that is evenhanded, unbiased, and unprejudiced. It functions within the framework of the constitution, defined under the concept of the separation of powers. It interprets the constitution which is supreme and at times needed, supports the rule of law and the standards laid down in the constitution. The Supreme Court of India is considered the sentinel qui vie and protects the fundamental and constitutional rights of the people.
Judicial Activism means the rulings of the court based on political and personal rational and prudence of the Judges presiding over the issue. It is a legal term referring to court rulings based, in part or in full, on the political or personal factors of the Judge, rather than current or existing legislation.
According to Black's Law Dictionary judicial activism is a philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions.
The judicial activism was evolved through the process of judicial review which can be pursued from the unwritten constitution of Britain during the period of Stuart (1603-1688). In the year 1610, the power of Judicial Review was acknowledged for the first time in Britain through the activism of Justice Coke. The then Chief Justice Coke stated that if a law made by Parliament breached the principles of common law; and ‘reason, then it could be reviewed and adjudicated as void by the judiciary.
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