Judicial Activism Examples
Judicial activism occurs when judges interpret the law broadly, sometimes going beyond traditional legal principles or legislative intent to advance their own views of societal needs and policy. Here are some examples of judicial activism from various countries:
- Brown v. Board of Education (1954): In this landmark case in the United States, the Supreme Court ruled that racial segregation in public schools was unconstitutional. The decision overturned the “separate but equal” doctrine established in Plessy v. Ferguson (1896) and is considered an example of judicial activism, as the Court interpreted the Equal Protection Clause of the Fourteenth Amendment expansively to strike down state laws mandating segregation.
- Roe v. Wade (1973): In this case, the U.S. Supreme Court recognized a constitutional right to privacy and ruled that state laws prohibiting abortion were unconstitutional. The decision legalized abortion nationwide and is seen as an example of judicial activism, as the Court interpreted the Due Process Clause of the Fourteenth Amendment to protect a woman’s right to choose to have an abortion.
- Marbury v. Madison (1803): This case established the principle of judicial review in the United States, giving the Supreme Court the power to declare laws unconstitutional. While not typically cited as an example of judicial activism, it demonstrates the Court’s willingness to assert its authority and shape the balance of power among the branches of government.
- Vriend v. Alberta (1998): In this case, the Supreme Court of Canada ruled that Alberta’s human rights legislation, which did not include sexual orientation as a protected ground, was unconstitutional. The Court invoked the “unwritten constitutional principles” of equality and non-discrimination to interpret the Canadian Charter of Rights and Freedoms expansively, leading to the inclusion of sexual orientation as a protected ground under the legislation.
- Obergefell v. Hodges (2015): In this case, the U.S. Supreme Court ruled that same-sex marriage bans violated the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. The decision legalized same-sex marriage nationwide and is considered an example of judicial activism, as the Court interpreted the Constitution to extend marriage rights to same-sex couples.
Judicial Activism: Definition and Types
Judicial activism is an important part of our global legal systems. This means that the judges are not restricted to the wording and plain language of laws but always interpret them in a way that reflects the social impacts of such interpretation to influence judicially created laws or affect society. It breaks down traditional boundaries of legal interpretation, preferring a more liberal and inclusive concept of justice.
The concept is crucial for understanding how legal systems change with societal dynamics. In this article, we’ll be learning more about judicial activism, its different types, features, etc.
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