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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 ]
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.
Opponents of the doctrine tend to use the term as an epithet synonymous with "judicial activism" (itself a hotly-debated phrase). However, just as some conservative theorists have embraced the term Constitution in Exile , which similarly gained popularity through use by liberal critics, textualism was a term that had pejorative connotations ...
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 ...
Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do.
strengths and weaknesses of the judge, and if appropriate a judicial performance improvement plan consisting of such suggestions as peer mentoring, court watching, and continuing education. The JPC reports are shared with the judges being evaluated, their presiding judges, and with the Chief Judge of the Circuit Court.
Pages in category "Judicial activism" The following 11 pages are in this category, out of 11 total. This list may not reflect recent changes. ...
(The Center Square) — New York City Mayor Eric Adams is facing backlash for directing school administrators to allow ICE agents into schools during immigration crackdowns, despite the city's ...