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Judicial Activism Essay

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❶They write thoughtful in both senses of the word memos about these opinions. If today the duty of governing the country can be shifted from the government to the Supreme Court, tomorrow it may be shifted from the elected representatives to nominated individuals.

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The courts to improve administration by taking up PIL cases, for ensuring compliance constitutional provisions has also increased. PIL is filed for a variety of cases such as maintenance of ecological balance, making municipal authorities comply with statutory obligations of provision of civic amenities, violation of fundamental rights etc. It has provided an opportunity to citizens, social groups, consumer rights activists etc.

Krishna Ayer have played a key role in promoting this avenue of approaching the apex court of the country, seeking legal remedies in areas where public interests are at stake. PIL has been considered a boon, as it is an inexpensive legal remedy due to nominal costs involved in filing the litigation. But there are some problems also in the PIL cases.

There has been an increase in the number of frivolous cases being filed due to low court fees. Genuine cases got receded to the background and privately motivated interests started gaining predominance in PIL cases. Presently the court entertains only writ petitions filled by an aggrieved person or public spirited individual or a social action group for enforcement of the constitutional or the legal rights of a person in custody or of a class of persons who due to reasons of poverty, disability, socially or economically disadvantaged position are finding it difficult to approach the court for redress.

PIL is an extraordinary remedy available at a cheaper cost. As Justice Bhagwati observed in the case of Asiad workers case, 'now for the first time the portals of the court are being thrown open to the poor and the downtrodden. The courts must shed their character as upholders of the established order and the status quo. The time has come now when the courts must become the courts for the poor and the struggling masses of this country'. Preserve Articles is home of thousands of articles published and preserved by users like you.

Here you can publish your research papers, essays, letters, stories, poetries, biographies, notes, reviews, advises and allied information with a single vision to liberate knowledge. Another factor which further encouraged the judiciary attracted deflected popular attention towards this crises was the coverage of print and electronic media which paved the public opinion in favor of Chief Justice.

The most important cause behind the judicial crises was government s mishandling of this issue. It dated back on filing of reference against on flimsy grounds.

This led to the deterioration of government. The situation was made even worse by the disharmony among the stances of state ministers. The manner in which he was pressurized and kept in General Headquaters for 9 hours and didnt sighned the letter of resignation gained support of lawyer, , civil society and judges.

Support of lawyers and judges: Judges resigned in protest their commitment to judiciary stance. Involvement of civil society activists: According to the data presented with the article in this chart, the Warren, Burger and Rehnquist Courts overturned precedents at an average rate of 2.

The Roberts Court, on the other hand, has only overturned an average of 1. The record on striking down laws shows a similar pattern. The Warren, Burger, and Rehnquist Courts struck down an average of 7.

Liptak acknowledges this data at the close of his article, but downplays it with his description: There is no evidence as yet that the Roberts Court is as willing to challenge federal power as the Court was under Burger National League of Cities v. Usery or Rehnquist Lopez, Morrison, Boerne. Accessed September 14, We will write a custom essay sample on Judicial Activism specifically for you. Leave your email and we will send you an example after 24 hours


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Judicial Activism is a doctrine that describes the way a court should actively access its' power as a check to the activities of governmental bodies, when it is thought .

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Judicial Activism - Judicial Activism: A Necessary Action Judicial activism is rarely needed, but when it is employed, it is only in the most dire of circumstances. It is the broad interpretation of the constitution of the United States by the Supreme Court.

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edition. 2. Sathe, S. P., Judicial Activism in India: Transgressing Borders and Enforcing Limits, Oxford University Press, edition. Judicial activism is a situation where the presiding judge or jury issues a judgment on a case based on his or her political or personal thoughts. The judgment may also be .

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Mr. Neily urged the Supreme Court to be more active but rejected the phrase “judicial activism.” After the Supreme Court argument in the case in the spring of , with things looking grim for the fate of his law, Mr. Obama tried to shift the terms of the discussion back to activism. Apr 25,  · Called "judicial activism," the process of using judicial power to influence the law is an inevitable part of the American justice system and an inevitable component of American political culture. Judicial activism can be loosely defined as "decisions that overturn laws and overrule precedents," (Chemerinsky, ).