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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. [39] The legal systems of different nations vary in the extent that judicial activism may be permitted.
The Living Constitution, or judicial pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended. The Constitution is said to develop alongside society's needs and provide a more malleable tool for governments.
To further discern the justices' ideological leanings, researchers have carefully analyzed the judicial rulings of the Supreme Court—the votes and written opinions of the justices—as well as their upbringing, their political party affiliation, their speeches, their political contributions before appointment, editorials written about them at the time of their Senate confirmation, the ...
In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal government only to those expressly, i.e., explicitly and clearly, granted to the government by the United States Constitution.
Archibald Cox, who as Solicitor General from 1961 to 1965 saw the Court up close, summarized: "The responsibility of government for equality among men, the openness of American society to change and reform, and the decency of the administration of criminal justice received both creative and enduring impetus from the work of the Warren Court." [18]
Some troops leave the battlefield injured. Others return from war with mental wounds. Yet many of the 2 million Iraq and Afghanistan veterans suffer from a condition the Defense Department refuses to acknowledge: Moral injury.
A recent variant of conservatism condemns "judicial activism"; that is, judges using their decisions to control policy, along the lines of the Warren Court in the 1960s. It came under conservative attack for decisions regarding redistricting, desegregation, and the rights of those accused of crimes.