Title: An Analysis of the Judicial Activism of America
Abstract: The definition of judicial activism is related to a core issue,that is,the proper role of judicial power in the constitutional government system.Advocates of judicial activism insist on the notion of the living Constitution,which means that constitutional interpretation could not effectuate the original intent,and so judges should balance political interests,weigh the relevant necessity and expedience,and pragmatically adjust the Constitution to modern times.Although activist courts have made some good results and promoted social development,the peril of the destruction of democracy and separation of powers deserves alerting.The balance between activism and self-restraint is the most rational choice for the courts in the constitutional system to make judicial review.
Publication Year: 2010
Publication Date: 2010-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot