Judicial Activism vs. Restraint: Impact On Law And Society

Introduction

Predominantly, the judiciary system in a country has an influential role as it directs and defines the laws in the legal frameworks. It is aided by two approaches that influence the judges specifically: judicial activism and judicial restraint. Conventionally, Judicial activism witnesses the increased involvement of the judges and bestows upon courts the role of interpreting the law liberally at times to address social issues and protect the rights of an individual when the legislature and executive branches are inadequate. These activist judges might be enhancing the constitutional rights of the statutes in light of contemporary values or may even overthrow laws by saying they are unconstitutional.