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Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint . [ 1 ]
Judges may employ judicial activism to promote their own conception of the social good. The definition of judicial activism and whether a specific decisions is activist are controversial political issues. [40] The legal systems of different nations vary in the extent that judicial activism may be permitted.
Opponents of the Living Constitution often regard it as a form of judicial activism. Legal theorist Martin David Kelly argues that the question of whether a provision of a constitution (or of legislation, or of other kinds of texts or 'utterances' more generally) should be given its original or current meaning (the 'meaning issue') arises only ...
Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism.Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing (locus standi) and a reluctance to grant certiorari; [1] and a tendency ...
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal government only to those expressly, i.e., explicitly and clearly, granted to the government by the United States Constitution.
Largely associated with Cass R. Sunstein, it is a viewpoint which criticizes the more conservative stance of originalism as being judicial activism in disguise. Minimalists believe that a faithful application of originalist theory would result in a system of constitutional law in which modern societal standards would be ignored, in favor of the now-antiquated opinions held by the Founding ...
The third condition for judicial efficacy is the existence of a market that can implement the decision. The fourth condition hypothesizes that if there is both public and elite support, and support from administrators and those actors whose support is necessary for Court decisions to be implemented, then change can occur.