What is the difference between judicial activism and judicial restraint

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Matteo Myers

Law

4 May, 09:15

What is the difference between judicial activism and judicial restraint

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Azul Green · Answer 1

1. Judicial activism is the interpretation of the Constitution to advocate contemporary values and conditions. Judicial restraint is limiting the powers of the judges to strike down a law.

2. In judicial restraint, the court should uphold all acts of the Congress and the state legislatures unless they are violating the Constitution of the country.

3. In the matter of judicial activism, the judges are required to use their power to correct any injustice especially when the other constitutional bodies are not acting.

4. Judicial activism has a great role in formulating social policies on issues like protection of rights of an individual, civil rights, public morality, and political unfairness.