Question

In the Judicial Avtivism vs. Judicial restraint case, how was the case impacted in the crimnal justice system? Summary

Answer 1

Judicial Activism :-

In judicial activism , the judges are required to use their power to correct any injustice especially when the other constitutional bodies are not acting .

It has a great role in formulating social policies on issues like protection of rights of an individual , civil rights , public morality and political unfairness.

Judicial Restraint :-

In judicial restraint , the Court should uphold all acts of the Congress and the state legislatures unless they are violating the constitution of the country.

Roe vs Wade (1973):-

Facts of the case :-

In 1969 , Norma McCorvey , a Texas woman in her early 20's wanted to abort her third pregnancy due to poor financial conditions.

However at that time abortion was only considered legal in Texas if it was necessary to save the life of the women .

After trying an unsuccessful illegal abortion , Mc Corvey was referred to Texas Attorneys who were interested in challenging Anti Abortion laws .

Question of the case :-

Whether the women's choice of termination of her pregnancy should be criminalised

Judgement of the case :-

The US Supreme Court gave a landmark decision on the issue of constitutionality of laws that criminalised or restricted access to abortions .

The Supreme Court invalidated Texas Laws .

The Court upheld the Due Process clause of the 14th amendment extended to a woman's decision to have an abortion for protection of woman's health and life .

Impact of the decision :-

1) It made easier for women to obtain the right to abortion giving them more control over their health and body .

2) Increase of marriage age of US women .

3) Higher college enrollments of women .

4) Higher participation of women in paid labour force.