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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 ]
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 ...
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.
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.
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 and a reluctance to grant certiorari; [1] and a tendency to deliver ...
A South Dakota man is facing murder and manslaughter charges after police say he killed a woman and decapitated her. According to court documents obtained by PEOPLE, Craig Allen Nichols Jr., 32 ...
The Lochner era is best understood not as a politically motivated binge of judicial activism, but rather as a sincere and principled, if sometimes anachronistic, “effort to maintain one of the central distinctions in nineteenth-century constitutional law — the distinction between valid economic regulation” calculated to serve the general ...