Tag: judicial activism

Judicial Restraint

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The term judicial restraint refers to a belief that judges should limit the use of their power to strike down laws, or to declare them unfair or unconstitutional, unless there is a clear conflict with the Constitution. This concept relies heavily on the uniform adherence to case law, which encompasses decisions rendered by other judges on prior, similar cases. To […]

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Judicial Activism

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Judicial activism is a legal term that refers to court rulings that are partially or fully based on the judge’s political or personal considerations, rather than existing laws. In basic terms, judicial activism occurs when a judge presiding over a case allows his personal or political views to guide his decision when rendering judgment on a case. The topic of […]

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