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Judicial Activism.edited

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Leeds Metropolitan University
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Judicial Activism
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Judicial Activism
The judicial system and the courts' working are primarily governed by the rule of law
within a particular jurisdiction and the boundaries of operation. Any decisions made within the
courts are mainly based upon what the law say relating to the specific crime or case before the
court. However, some times the case before the court might require looking beyond only the rule
of law which calls for the court to look into other factors that surround the particular case in
question. As a result of these considerations, the court sometimes makes rulings and decisions
far beyond what the law says and requires. The experience of the judges and their knowledge
acquired during their study takes centre stage. This situation results in judicial activism, which,
in practice, has its advantages and disadvantages. This article reviews the concept of judicial
activism, its pros and cons and highlight whether it is essential or not within the judicial system.
Judicial activism is viewed as a philosophy within the judicial system, especially the law
courts. The judges sometimes go against the written law due to the individual judge's view on
public policy and other factors. Ideally, judicial activism requires that the courts must sometimes
go beyond the law applicable to the particular case in question by considering other social
implications of the specific decision made (Schacter, 2018). There is a close relationship
between judicial activism or restraint and other judicial terms like separation of power, statutory
interpretation, and judicial interpretation. When the judge goes against, and beyond the rule of
law, their experience and things learned in law school precede.
Judicial activism has both advantages and advantages during its application in the
administration of justice. The pro judicial activism has reasons for their support towards the
concept, while opposes their reasons for opposing the idea. The approach has several advantages
in dispensing judgments and the administration of justice, including the following. First, it

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1 Judicial Activism Student Institution Course Tutor Date 2 Judicial Activism The judicial system and the courts' working are primarily governed by the rule of law within a particular jurisdiction and the boundaries of operation. Any decisions made within the courts are mainly based upon what the law say relating to the specific crime or case before the court. However, some times the case before the court might require looking beyond only the rule of law which calls for the court to look into other factors that surround the particular case in question. As a result of these considerations, the court sometimes makes rulings and decisions far beyond what the law says and requires. The experience of the judges and their knowledge acquired during their study takes centre stage. This situation results in judicial activism, which, in practice, has its advantages and disadvantages. This article reviews the concept of judicial activism, its pros and cons and highlight whether it is essential or not within the judicial system. Judicial activism is viewed as a philosophy within the judicial system, especially the law courts. The judges sometimes go against the written law due to the individual judge's view on public policy and other factors. Ideally, judicial activism requires that the courts must sometimes go beyond the law applicable to the particular case in question by considering other social implications of the specific decision made (Schacter, 2018). There is a close relation ...
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