Question

Which of the following are advantages of Judicial Activism?

1. Upholds Constitutional Morality
2. Fills Legislative Void
3. Protects Fundamental Rights
4. Counters Executive Inaction

• A. iii only
• B. ii, iv
• C. All of these
• D. i, iii

Answer 1

Answer:

C. All of these

Judicial activism

• Judicial activism is a legal philosophy that suggests judges should use their authority to promote social change, especially when other branches of government fail to address certain issues.
• It implies that judges can interpret the law beyond the text and can make decisions that effectively create new laws or amend existing ones.
• Judicial activism often involves the judiciary playing an active role in shaping public policy and addressing matters of significant public interest.

Advantages of Judicial Activism:

Upholds Constitutional Morality: Judicial activism can be instrumental in upholding constitutional values and ensuring that laws are in line with the moral principles enshrined in the constitution.

Fills Legislative Void: In situations where the legislative branch fails to address critical issues, judicial activism can step in to fill the void and provide necessary directives, especially when fundamental rights are at stake.

Protects Fundamental Rights: Judicial activism can serve as a tool to safeguard and uphold the fundamental rights of citizens, even when other branches of government may not prioritize these rights.

Counters Executive Inaction: In cases where the executive branch lacks the political will or capacity to address critical issues, judicial activism can push for action, promoting greater accountability in governance.