Thursday, October 27, 2005

Definition: Judicial Activism

I'm sure that you have come across this definition implicitly in many other places, but I propose to make the definition of "Judicial Activism" explicit.
Judicial Activism: The interpretation of the law, or the Constitution, so that a particular social or political result is obtained.
If the objectives are of a base nature, then this is also a good definition of judicial corruption, and it certainly rips off the blindfold. A good way of phrasing the separation of powers is that the Judiciary is concerned with method, the Executive with acting, and the Legislature with planning. It is the job of the Legislature to make law with the goal of creating the society we live within, the Judiciary is to ensure that no one's rights are trampled in the process.

No comments: