Question

Do you support a position of judicial activism or judicial restraint? Why? Is one always better than the other?

Answer 1

Judicial Activism: It refers to the judicial system where judges exercise substantial power while interpreting constitutionality of law. Judges seek to mould the constitutional laws according to the changing needs and circumstances. Sometimes, judges overreach their powers and seek to dictate the legislative policies.

Judicial restraint: Here, judges keep their power confine to laws and regulations. Judges do not try to act as policy makers.

Now questions is that which system better than the other. It depends on the circumstances and situations. Constitution has divided power among the legislative , executive and judiciary. Thus. One organ of government should not interfere in jurisdictions of other ones.

But , legislative does not work up to the expectations of government, then it argued that judiciary must guide it to meet the aspirations of people. But , still each organ of government should not breach its limit for healthy working of political system.