Abstract: Judicial function and role has been a subject of great controversy. This paper argues that judicial activism is an essential aspect of the dynamics of a constitutional court. It is a counter-majoritarian check on democracy. However, it must function within the limits of the judicial process. Within those limits, it performs the function of stigmatizing as well as legitimizing the actions of other bodies of government without sacrificing impartiality and objectivity. This paper argues that judicial activism is essential in the application of the law to meet the needs of time and change in society. I conclude that judicial activism has been misunderstood and misconstrued to mean interference with the doctrine of separation of power.
Publication Year: 2010
Publication Date: 2010-01-01
Language: en
Type: article
Indexed In: ['crossref']
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