Judicial Activism vs. Constitutionalism

 Paper authored by Sulagna Sarkar, law student from South Calcutta Law College

ABSTRACT:

In the light of the principle of Natural Justice no one can be the judge of his own; the law making body that is the parliament is the main ingredient of the Government and administration. But many a time complaints complaint  come against government and in many countries the government proved to be autocrat, violating the law made by them. Naturally an independent body is required to ensure the Rule of Law besides implementation of enactments. That is why Judicial Activism is of paramount importance though Constitution forms the basic structure of the Government and lays down all legal aspects.

On the way forward toward the research paper there will be analytic study of the significance of both Judicial Activism and Constitutionalism from socio-political point of view along with their pros and cons. And also the confrontation that often prevails between Judicial Activism and Constitutionalism.

Courts do not have to bow to public pressure, but rather they should stand firm against public pressure. Such inarticulate and diffused consensus about the impartiality and integrity of the Judiciary is the source of the Court’s legitimacy. It is an essential aspect of the dynamics of Constitutionalism. In this regard judicial activism may develop through many aspects and it will play an important role to future challenges of democratic countries. Thus it can be easily said Judicial Activism is nothing but a principle of Constitutionalism.

INDEX:

  1. Introduction
  2. Definition of Judicial activism
  3. definition of Constitutionalism
  4.  Need of Judicial activism & Constitutionalism
  5.  Confrontation between Judicial activism and constitutionalism
  6. Imbalance between the two
  7. Landmark cases up on this
  8. Conclusion

REFERENCE LINK:

Read full paper here :-

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