Judicial Activism Methods
Judicial activism refers to the tendency of judges to interpret and apply the law in ways that advance their own views of societal needs and policy, sometimes going beyond traditional legal principles or legislative intent. Here are some methods or approaches associated with judicial activism:
- Expansive Interpretation of Constitutional Rights: Activist judges may interpret constitutional provisions broadly to expand individual rights and liberties. This includes interpreting vague or ambiguous language in the constitution to protect rights not explicitly mentioned.
- Creative Statutory Interpretation: Judges may creatively interpret statutory law to achieve what they perceive as just outcomes. This could involve applying statutes in novel ways or inferring legislative intent from the broader purpose of the law rather than its specific language.
- Policy-Based Decision Making: Activist judges may consider broader policy goals or societal values when making decisions, even if they are not explicitly addressed in the law. They may use their decisions to promote social change or address perceived injustices.
- Judicial Review: Judicial review is the power of courts to review the constitutionality of laws or government actions. Activist judges may use this power to strike down laws or government actions they believe violate constitutional rights or principles.
- Remedial Orders: In cases where a court finds a violation of rights or legal principles, activist judges may issue remedial orders that go beyond mere declarations of rights. This could include injunctions, orders for specific performance, or supervisory orders directing government action.
Judicial Activism: Definition and Types
Judicial activism is an important part of our global legal systems. This means that the judges are not restricted to the wording and plain language of laws but always interpret them in a way that reflects the social impacts of such interpretation to influence judicially created laws or affect society. It breaks down traditional boundaries of legal interpretation, preferring a more liberal and inclusive concept of justice.
The concept is crucial for understanding how legal systems change with societal dynamics. In this article, we’ll be learning more about judicial activism, its different types, features, etc.