Difference between Judicial Review and Judicial Activism
Basis |
Judicial Review |
Judicial Activism |
---|---|---|
Meaning |
Judicial review is the power of courts to review the actions of the executive and legislative branches of government to ensure they comply with the constitution. |
Judicial activism refers to judicial decisions that go beyond traditional interpretation of the law and often involve shaping public policy. |
Purpose |
With an emphasis on upholding the rule of law and safeguarding individual rights, evaluate the constitutionality of acts and legislation to make sure they are in line with the constitution. |
Policy-oriented, with the goal of influencing public policy, achieving justice, and frequently tackling societal problems and encouraging fair results. |
Approach |
Depends on a rigorous textual reading of the constitution, objective legal interpretation, and well-established legal precedents. |
Involves interpreting the law broadly, using one’s own values and ideas, and adopting a policy-driven approach that may deviate from the wording of the law. |
Context |
Based on constitutional judgment and acting as a restraint on governmental authority to protect the constitution’s framework. |
Frequently called upon to highlight injustices and encourage change in response to urgent societal challenges. |
Legal Precedents |
Depends on recognized constitutional interpretations and court decisions. |
Judges may deviate from or interpret precedents ingeniously in order to accomplish policy goals. |
Controversy |
Though still debatable, judicial activism is typically less contentious than it is since it does not include policy-making and can be construed as a challenge to the established division of powers. |
Often sparks debate, with some claiming that it can muddy the lines between the separation of powers and force courts to make decisions about public policy. |
Example |
Striking of Section 66A of the IT Act etc. |
Suo moto cases, Introduction of Public Interest Litigation, etc. |
Difference between Judicial Review and Judicial Activism
Judicial Review and Judicial Activism are the two core ideas in the field of justice. Though their goals, strategies, and ramifications are different, both are crucial in forming the legal system. This comparative research examines the distinctions between judicial review and judicial activism, emphasizing the roles, circumstances, and outcomes of both in the political and legal spheres.
Table of Content
- What is Judicial Review?
- What is Judicial Activism?
- Difference between Judicial Review and Judicial Activism
- Conclusion
- Difference between Judicial Review and Judicial Activism-FAQs