Is it "fair" for members of the executive and legislative branches to criticize judges? Why or...

Is it "fair" for members of the executive and legislative branches to criticize judges? Why or why not?

Should judges exercise judicial activism or judicial restraint when making their decisions? Defend your idea.

Expert Solution

Judges shall not be criticized by anyone for their judgements. They are supposed to work free and without any influence. Criticising the judges for their judgments will give them more strain and they can't work freely.

If the executive and legislative members get a permission to criticize the judges, then they will use this to political gain. This criticism will negatively effect on their judgement as they cannot work freely. The judges are not supposed to answer any authority for the judgements they made.

I argue that the judges should exercise extra judicial activism. In many cases it is very difficult to give judgement absolutely as per the statutes and constitution. Law is blind and interpretation of such statues as per the situation gives them absolute meaning.

We are living in world which is changing day by day and the issues we are facing are not the same every time. Some times we are facing new challenges which are not even mentioned in our statutes and constitution. Judicial activism is very necessary to sort out such issues.

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Rahul Sunny answered 2 years ago

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