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Questions
Write a short note on.
Judicial Activism
Explain the term judicial activism.
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Solution
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. In basic terms, judicial activism occurs when a judge, who is the head of a case, allows his personal or political views to direct his judgment when he makes a final decision (verdict) on a case.
By definition, judicial activism refers to “judicial rulings that are suspected of being based on personal opinion rather than on existing law.” The definition of judicial activism and the exact decisions that are activist are controversial political issues. The question of judicial activism is closely related to constitutional understanding, legislative construction, and division of powers.
Examples of judicial activism are:
- Brown v. Board of Education – 1954 Supreme Court ruling ordering the desegregation of public schools.
- Roe v. Wade – 1973 Supreme Court ruling decriminalizing abortion.
