A person who favors judicial activism is one who prefers a decision to be made via a personal opinion, rather than focusing on the law. A person who does this is considered unlawful or a federalist.
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Judicial activism weakens the separation of powers by involving the Court in what are traditionally executive and legislative functions. Judicial restraint reinforces separation of powers.
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Judicial restraint is the theory that judges should limit their exercise of power and strike down laws only when they are obviously unconstitutional, and always follow precedents set by older courts. Judicial activism is the opposite view, and is sometimes meant to imply politically motivated judicial decisions.
The Warren Court, which was active from 1953 until Chief Justice Earl Warren retired in 1969, is often accused of judicial activism for its many decisions supporting African-Americans' civil rights. Whether they believed they were judicial activists or not is unknown.
The Warren Court, which was active from 1953 until Chief Justice Earl Warren retired in 1969, is often accused of judicial activism for its many decisions supporting African-Americans' civil rights.Judicial activism is often a derogatory charge associated with the phrase "legislating from the bench," that implies the Court exceeds its authority toUNDER CONSTRUCTION