Description
In recent years, a number of judges have been accused of being “judicial activists.” What is meant by this? Why do some criticize the idea of activist judges? What would American democracy look like if the Supreme Court instead embraced a textualist understanding of the Constitution?
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Judicial activism
Definition
Coutinho et al (2015), defines judicial activism as the concept of delivering a court ruling by
personal ideas or opinions with disregard to the existing laws. The concept has a close
correlation to power separation, statutory construction, and constitutional interpretation.
Reasons for critic of activist judges
Critics argue that “judicial activism,” is simply a way of avoiding the passing of the right
and legal decision(Dickson,2010)...
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