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Simple English definitions for legal terms
judicial activism
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A quick definition of judicial activism:
Judicial activism is when judges make decisions based on their personal beliefs about what is right or wrong, instead of just following the law. This can sometimes mean that they ignore previous court decisions and create new rules. Some people think this is a good thing because it allows judges to protect people's rights, while others think it is bad because it can lead to unfair decisions.
A more thorough explanation:
Definition: Judicial activism is a philosophy of how judges make decisions. It means that judges use their personal beliefs about public policy and other factors to guide their decisions. This often leads to finding constitutional violations and ignoring previous court decisions. The opposite of judicial activism is judicial restraint, which means judges limit their decisions to the law and previous court decisions.
Example: A judge who practices judicial activism might rule that a law is unconstitutional because they believe it violates a person's right to privacy, even if there is no clear constitutional violation. This judge might also ignore previous court decisions that support the law.
Explanation: This example illustrates how a judge who practices judicial activism might use their personal beliefs to guide their decision-making. They might interpret the law in a way that supports their beliefs, even if it goes against previous court decisions or the plain language of the law. This can lead to controversy and criticism, as some people believe judges should limit their decisions to the law and not their personal beliefs.