Benefits Of Judicial Activism

, , Comments Off on Benefits Of Judicial Activism

Benefits of Judicial Activism

Judicial activism refers to a process where the courts decide to invalidate certain laws that were enacted by legislature, and these clauses lead to intervention by the parliament. Therefore, those who declare these laws unconstitutional are considered to be activist, and courts that validate these statuses create a judicial constraint.

1. Provides insight and vision
Judicial activism might work geared towards the greater good in the society, but this often depends on various facts. Some judgments are delivered with insight while some are based on belief and self conviction, without foreseeing the repercussion it has on the judicial system.

2. Promotes constitutional democracy
It would be incorrect to label courts as activists because they invalidate certain laws. Constitutional laws expect judges to act both judiciously and judicially, and according to the law. For this reason, courts have the responsibility provide leadership with regards to following what is stipulated in the constitution.

3. It gives judges the power to stand firm on their decision
Statistics show that most people deter the courts simply because they stand on firm ground when dealing with sensitive issues. However, judges are obligated to provide fair judgment according to the laws, which helps to maintain order. Since the courts have constitutional powers to validate or invalidate laws, it is important to determine the role of the parliament to dealing with such issues.

4. Supervise and implement laws
Courts are given the mandate to supervise and implement their, schemes and orders to ensure there is no conflict when administrators apply the schemes to other cases. However, courts have the power to change their ruling if it requires modification.

It is a well-known fact that activism has created good laws that has led to remarkable changes in the judicial system, but its reliability definitely requires to be analyzed to ensure it surpass constitutional expectations.

Please help us improve. Please rate this article: