Preview

Judicial Activism

Satisfactory Essays
Open Document
Open Document
354 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Judicial Activism
2003 edition.
2. Sathe, S.P., Judicial Activism in India: Transgressing Borders and Enforcing Limits, Oxford University Press,
2005 edition.
3. Bag, R.K., “Judicial Activism vis-à-vis Public Administration”, Administrator, Vol. XLII, April-June,
p.167.
4. Bhattacharjee, G.R., “Judicial Activism: Its Message for Administrators”, The Administrator; Vol. XLII,
April-June 1997, p.31.
5. Bhattacharyya, R., “Judicial Activism: The Motive Force of Public Administration”, Administrator, Vol.
XLII, April-June, p.69.
6. Chaterjee, Susanta, “‘For Public Administration’: Is Judicial Act ivism Really Deterrent to Legislative
Anarchy and Executive Tyranny?”, The Administrator, Vol.XLII, April-June 1997, p.9.
7. Dey, Bata K., “Defining Good Governance”, Indian Journal of Public Administration , Vol. 44, July-Sept
1998, p. 412.
8. Iyer, V.R. Krishna, “Judicial Activism and Administrative Autonomy”, The Administrator, Vol.XLII,
April-June 1997, p.1.
9. Madon, D.P., Conference Paper, the Third International Conference of Appellate Judges, p.207 at
p.209.
10.Majeed, Akhtar, “Grey Areas of Indian Federalism”, Indian Journal of Federal Studies, Vol.1 of 2005, p.152.
11.Menon, N.R. Madhava, “Can Judicial Activism Contribute to a Responsive and Responsible
Administration?”, The Administrator, Vol.XLII, April-June 1997, p.25.
12.Mishra, Yatish, “Extra governmental organizations and good governance”, Indian Journal of Public
Administration, Vol. 44, July-Sept 1998, p.609.
13.Nair, Chettur Sankaran, “Judicial Activism: Its Relevancy”, Administrator, Vol. XLII, April-June, p.141.
14.Palkhiwala, Nani, “Role of Judiciary: Government by the Judiciary”, CMLJ, Vol. 31, Oct-Dec 1995, p193. 15.Prasad, P.S.V., “Judicial Activism: Its Implications for Public Administration”, Administrator, Vol. XLII,
April-June, p.153.
16.Rao, V. Nageswara, “Judicial Activism and Administrative Authorities in India in Retrospect and
Prospect”, The Administrator, Vol. XLII, April-June,

You May Also Find These Documents Helpful

  • Good Essays

    Judicial Activism is a case where the Supreme Court interprets the Constitution in a manner not previously covered either by precedent or by law, thereby changing what was once considered to be legal or illegal, depending on the circumstances of the case. Basically, it is going against the set precedent. This is a view point most often held by reformists, ones that want to change the current standards of society. On the other hand, Judicial Restraint is the antithesis of Judicial Activism, where the Supreme Court follows previous precedents, laws, or interpretations of the constitution, I.E., stare decisis, or let the decision stand in Latin. This means that there are no changes involved here, and all matters in regards to that specific law stay as they are.…

    • 650 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Do we need judicial activism to flesh out the vague phrases in the Constitution? This question is truly at the heart of the topic. Do we need judicial activism to protect our rights? What exactly are our rights? While this may seem like a silly or obvious question, it is vitally important in answering this question. How is a court, or a legislature, supposed to draw meaning from such vague phrases as “Due Process of law” or “equal protection” or even “free speech?” While some of the rights guaranteed in the Constitution are quite straight forward, others are so vague as to be almost meaningless; absent some sort of guidance from the courts. But since our Founding Fathers did not put extraneous phrases in…

    • 970 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Judicial activism believes that judges assume a role as independent policy makers on behalf of society that goes beyond their traditional role as interpreters of the Constitution and laws. Prior to the enactment of the Canadian Charter of Rights and Freedoms in 1982, the duty of Supreme Court justices was to interpret law, not took it upon themselves to make law. Nevertheless, the Supreme Court justices play a more predominant role in shaping government policy and legislation today than they did prior to 1982. Judicial activism in Canada has produced results that have been perceived as problematic by legislatures. The potential for the Supreme Court justices to interfere with the making of government’s judicial-policy has led to differing opinions…

    • 758 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Bibliography: Butalia, U. 2000, The Other Side of Silence: Voices from the Partition of India, Duke…

    • 1116 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Let me first point out that no one man is better than the other. Human life has no color only skin in its various shades. The Equal Protection Clause of the United States Constitution at times is interpreted out of the original context that it was intended in my opinion. Despite the students in this law suit are…

    • 928 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Country Analysis- India

    • 2413 Words
    • 10 Pages

    Srikrishna, B. N. (2008) "The Indian Legal System," International Journal of Legal Information: Vol. 36: Iss.2, Article 8. Available at: http://scholarship.law.cornell.edu/ijli/vol36/iss2/8…

    • 2413 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Judicial Review

    • 1575 Words
    • 7 Pages

    In the 1920’s a heightened suspicion of communist activities on domestic American land arose, the Red Scare. Benjamin Gitlow, a prominent member of the Socialist party, was arrested and convicted on charges of violating the New York Criminal Anarchy Law of 1902 during these drastic times. What was his violation? The publication and circulation of the Left-Wing Manifesto, a mere pamphlet, in the United States was his infringement. He appealed the decision on the basis that it violated his First Amendment rights of freedom of speech and press and it was passed on to the United States Supreme Court. The court ruled 7-2 in favor of Gitlow on the basis of Section 1 of the Fourteenth amendment to the United States Constitution states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Gitlow v. New York exemplifies the protection of civil right and liberties with judicial activism.…

    • 1575 Words
    • 7 Pages
    Good Essays
  • Satisfactory Essays

    I do believe that judicial activism can be dangerous if the decision is made by a judge based on a belief that can be harmful to a group, such as being prejudice to a specific race, gender, or age, just to be spiteful. I would like to think that wouldn’t happen today and that we have learned from history not to repeat that kind of behavior, yet I still see it today. A good example is the fight for gay marriage and rights for equal treatment for transgenders.…

    • 101 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    The Legislative Branch "House of Representatives/Congress" has the power to veto any bill's. The Legislative Branch has the power to remove or impeach any Judge from the Judicial Branch. Also, the Judicial Branch can declare any laws unconstitutional. The Judicial Branch is made up of the Supreme Court, Court of Appeal and District Court. The Judicial Branch has the power for the Executive Branch to decide if the president acts are unconstitutional. The Executive Branch has the power to nomination any judge. The Executive Branch is made up of the President, Independent government agencies and executive and cabinet departments. The Executive Branch has the power to veto any congressional legislation for the Legislative Branch. Lastly,…

    • 135 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Judicial Activism

    • 411 Words
    • 2 Pages

    Suzanna Sherry reminds us in her working paper, Why We Need More Judicial Activism, that “an examination of constitutional practice shows that too little activism produces worse consequences than does too much” and since we cannot assure judges are consistently “fair” it is better to be overly aggressive than overly restrained. In the most basic sense, judicial activism is when judges apply their own political opinion in cases, acting as a legislature rather than judiciary. Critics argue this action interferes and is essentially ignorance of the public majority’s opinion; however, as Sherry argues, by being overly aggressive, judicial activism protects from worse consequences that come from unrestricted majority rule.…

    • 411 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Police Reforms

    • 24329 Words
    • 98 Pages

    Cited: in T.N. Dhar, Governance, Policing,and Human Rights, in Policing India in the New Millennium 337 (P.J. Alexander, ed., 2002). 175 Id.…

    • 24329 Words
    • 98 Pages
    Powerful Essays
  • Powerful Essays

    Judicial Review

    • 2666 Words
    • 11 Pages

    The controversy of judicial review which at extreme points, is called judicial activism, is a concept new to India. Judicial review can be defined as the judiciary, in the exercise of its own independence, checking and cross checking the working of the other organs of the government, while trying to uphold the ideal of ‘the rule of law’. Judicial activism more reformist in character is often confused with judicial review. According to Black’s Law Dictionary, judicial activism is “a philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions, usually with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent.”However, due to the frequent misreading of the two terms, this article will only refer to judicial review as a proportionate mixture of the two.…

    • 2666 Words
    • 11 Pages
    Powerful Essays
  • Powerful Essays

    Judicial Law-Making

    • 2281 Words
    • 10 Pages

    The independence of the judiciary was ensured by the act of settlement 1700, which transferred the power to sack judges from the crown to the parliament. Consequently, judges should theoretically make their decisions based purely on the logical deductions of precedent, uninfluenced by political or career considerations. The eighteenth century legal commentator, William Blackstone, introduced the declaratory theory of law, stating that judges do not make law, but merely, by the rules of precedence, discover and declare the law that has always been: 'the judge being sworn to determine, not according to his private sentiments...not according to his own private judgement, but according to the known laws and customs of the land: not delegated to pronounce a new law, but to maintain an expound the old one'. Blackstone does not accept that precedent does not even offer a choice between two or more interpretations of the law: where a bad decision is made, he states, the new one that reverses or overrules it is not a new law, nor a statement that the old decision was bad law, but a declaration that the previous decision was “not law”, in other words that it was the wrong answer. His view presupposes that there is always one right answer, to be deduced from the objective study of precedence.…

    • 2281 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Judiciary

    • 1190 Words
    • 4 Pages

    he Judiciary "has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever..It may truly be said to have neither FORCE NOR WILL, but merely judgment" (Woll, 410). The Judicial branch lacks the influential power possessed by Congress and the President in the federal government and is further limited by presidential appointment of justices and congressional decision to establish lower courts. The Supreme Courts' ability to pass judgment, however, gives significant power to the branch and is essential in the system of checks and balances. The judicial branch is provided with the power to resolve conflicts emerging between federal and state laws as well as between citizens of different states, but more importantly the power to decide constitutionality of laws. It is able to check the executive and legislative branch by declaring their actions unconstitutional and therefore null. The Constitution provides judges with life tenure in order to protect the judicial branch from political pressures imposed by the public or the other branches of government.…

    • 1190 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    judicial review

    • 8745 Words
    • 22 Pages

    Judicial review is usually defined as the judicial power in action or the practical aspect of the rule of law. It is defined as a doctrine according to which courts are entitled, in the exercise of the ‘judicial power’ of the State. The power of judicial review entails the authority to examine and decide the question of the constitutional validity of any law, irrespective of whether it comes from primary or subordinate legislation. Under this power, the judiciary can also question the legitimacy of an action or inaction of a person or body with relation to the exercise of a public function.…

    • 8745 Words
    • 22 Pages
    Powerful Essays