OVERVIEW
Here in this topic, we are going to understand two core concepts of judiciary which are judicial review and judicial activism. It is a crucial concept that represents different approaches. So, let us see these concepts and their basis from which they are different from each other. Let us begin with their meanings.
JUDICIAL REVIEW
- Judicial review refers to the power of the judiciary system through which they can review the law and other laws that are passed by the legislature and the executive branch; the judiciary can take action for that.
- It also ensures that laws that are made by these organs of government follow the root of the law of the land, the Constitution.
- They also do another function that is when any law and action comes into action in the court then there will be a judge held responsible for matching that provision with the constitution and resolving the disputes.
- Even though if the provisions are unconstitutional then they can declare it void.
JUDICIAL ACTIVISM
- Judicial activism refers to the spark of debate, in which the judges interpret laws and constitutions which reflect in upholding that law in which they reflect their beliefs which leads to create new legal rights where no one can explicitly write in the code of law.
- There are several debates raised for this, but there are some supporters who have supported that it was necessary to adapt to bring social change in the society by changing social values and it ensures justice to the citizens of the state.
DIFFERENCE
BASIS | JUDICIAL REVIEW | JUDICIAL ACTIVISM |
PURPOSE | to check the provisions as per the constitution and law of the land. | Interpret new laws as per their ideas, it is given by the judges. |
ROLE | To uphold the constitution. | It creates new laws and rights for the citizens. |
PUBLIC OPINION | Generally legitimate. | Changes from person to person. |
NEUTRALITY | Always be neutral. | It varies through perspective and different ideologies. |
CONCLUSION
Here we have seen how the nature of the legal system varies through these two core concepts of the judiciary which are judicial review and judicial activism. Through all these studies we have learned how these judicial systems shape our country and state, and some ongoing debates often take part in the role of judges in democracy.
REFERENCES
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