What are the advantages disadvantages of judicial activism and judicial restraint?

What are the advantages disadvantages of judicial activism and judicial restraint?

Disadvantages of Judicial Activism are: No Laws (When judicial activism is used, it is like the laws do not apply. Judicial Restraint is where a judge sticks very strict to the laws. Pros: Everything is equal with laws and you never get unfair advantages.

What are the functions of the judiciary?

Functions of Judiciary and Its Importance:

• To Give Justice to the people:
• Interpretation and Application of Laws:
• Role in Law-making:
• Equity Legislation:
• Protection of Rights:
• Guardian of the Constitution:
• Power to get its Decisions and Judgements enforced:
• Special Role in a Federation:

Which is the correct definition of judicial activism?

Which is the correct definition of judicial activism? taking a new approach to a decision rather than following legal precedent.

What are the instruments of judicial activism?

There are various methods of judicial activism that are followed in India. They are: Judicial review (power of the judiciary to interpret the constitution and to declare any such law or order of the legislature and executive void, if it finds them in conflict with the Constitution)

How can the judiciary be independent?

One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests.

What is the purpose of judicial activism?

Judicial activism is a ruling issued by a judge that overlooks legal precedents or past constitutional interpretations in favor of protecting individual rights or serving a broader political agenda. The term may be used to describe a judge’s actual or perceived approach to judicial review.

Is judicial activism healthy for democracy?

In India judicial activism has played an important role in keeping democracy alive. Pronouncements like Keshavnanda Bharti case, Minerva Mill Case etc has helped in keeping all the organs of government in balance and help in keeping society healthy and progressing.

What is the need of an independent judiciary in a democracy Class 8?

Independence of the judiciary allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive. Independence of the judiciary also plays a crucial role in protecting the Fundamental Rights of citizens.

What do you mean by independence of judiciary Class 11?

I. Meaning of Independence of Judiciary: The independence of judiciary means that the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary is such a way that it is unable to do justice.

Why is an independent judiciary important to democracy?

Independent- provides checks and balances in a political democracy: Accountability to the people:Judicial independence is very important to uphold the democratic principle of accountability. It helps to keep the executive and legislature accountable to the people through judicial review and judicial activism.

What are the advantages of judicial activism?

List of Pros of Judicial Activism

• It provides a system of checks and balances to the other government branches.
• It supplies helpful insight.
• It gives judges a personal voice to fight unjust issues.
• It would allow people to vote judges off the bench.
• It places trust in judges.

Does independence of judiciary means that the judiciary is not accountable to anyone?

Answer: The independence of the judiciary does not mean that the judiciary is not accountable to anyone. The judiciary cannot interfere in the sphere of legislature and executive. The system has to function independently while having accountability to the Constitution.

When Should judicial activism be used?

The best answer, which is grounded in the vision of the framers and has been a central part of constitutional law for more than 70 years, is that judicial activism is appropriate when there is good reason not to trust the judgment or fairness of the majority.

What do you mean by independent judiciary?

Definition. Judicial independence means that courts enforce the law and resolve disputes without regard to the power and preferences of the parties appearing before them (La Porta et al. 2004). Its theoretical antecedents are traced to the Enlightenment, and its application in practice dates to the US Constitution.

Do you think judicial activism can lead to a conflict between the judiciary and executive?

Answer: Yes, the judicial activism can lead to a conflict between the judiciary and the executive because judicial activism has a great impact on the political system.

What is the difference between judicial review and appeal?

Judicial Reviews are distinct from appeals, in that an appeal is usually brought to challenge the outcome of a particular case. The Judicial Review process, on the other hand, analyses the way in which public bodies reached their decision in order to decide whether or not that decision was lawful.

Why an independent judiciary is essential for any democratic country give any three reasons?

Answer: An independent judiciary is essential to democracy because: a) It allows the courts to work independently, without being under the influence of the rich and powerful people or other branches of the State like – the Legislature and the Executive.

Why do people want to join judicial review?

Judicial review can be sought on the grounds that a decision is: irrational – a decision may be challenged as unreasonable if it “is so unreasonable that no reasonable authority could ever have come to it”; procedurally improper – a failure to observe statutory procedures or natural justice; or.

Is judiciary accountable for its action?

Broadly speaking, the judiciary must be accountable to the law, in the sense that the decisions made are in accordance with the law and are not arbitrary. Like other branches of government, it must also be accountable to the general public it serves. 2. How to achieve judicial accountability?

Why do we need independent judiciary?

⏩The independent Judiciary allows the court to play a central role in securing that there is no misuse of powers of the Legislature and executive. It also protects the fundamental rights of the citizens because anyone can approach the court if they believe that their rights have been violated.

Who can bring a judicial review?

Judicial review is a procedure by which a person who has been affected by a particular decision, action or failure to act of a public authority may make an application to the High Court, which may provide a remedy if it decides that the authority has acted unlawfully.