Difference between revisions of "Judicial activism"
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| − | '''Judicial activism''' is when | + | '''Judicial activism''' is when [[court]]s do not confine themselves to reasonable interpretations of laws, but instead create law. Alternatively, judicial activism is when courts do not limit their ruling to the dispute before them, but instead establish a new rule to apply broadly to issues not presented in the specific action. "Judicial activism" is when judges substitute their own political opinions for the applicable law, or when judges act like a legislature (legislating from the bench) rather than like a traditional court. In so doing, the court takes for itself the powers of [[Congress]] rather than limiting itself to the powers traditionally given to the judiciary. |
The [[Warren Court]] was prominent for engaging in judicial activism or, in a stronger version of the term, [[judicial supremacy]]. | The [[Warren Court]] was prominent for engaging in judicial activism or, in a stronger version of the term, [[judicial supremacy]]. | ||
Revision as of 12:53, January 25, 2008
Judicial activism is when courts do not confine themselves to reasonable interpretations of laws, but instead create law. Alternatively, judicial activism is when courts do not limit their ruling to the dispute before them, but instead establish a new rule to apply broadly to issues not presented in the specific action. "Judicial activism" is when judges substitute their own political opinions for the applicable law, or when judges act like a legislature (legislating from the bench) rather than like a traditional court. In so doing, the court takes for itself the powers of Congress rather than limiting itself to the powers traditionally given to the judiciary.
The Warren Court was prominent for engaging in judicial activism or, in a stronger version of the term, judicial supremacy.