Published: 23.11.2017 10:23

Meaning of judicial activism in india

«Meaning of judicial activism in india» in pictures.

What is judicial activism? - Quora

Government into three categories viz., deliberative, magisterial and judicial Locks categorized the powers of the Government into three parts namely: continuous executive power, discontinuous legislative power and federative power. “Continuous executive power” implies the executive and the judicial power, and “discontinuous legislative power” implies the rule making power, while “federative power‟ signifies the power regulating the foreign affairs.

Judicial Review and Judicial Activism | Miscellaneous Topics in

In this example of judicial activism, the judge has made a ruling based on his personal opinion or feelings. He disregarded the usual process for determining child custody, which involves an investigation into what custody arrangements will be in the best interests of the child.

Judicial activism | law

“While it could be “a compelling state interest” to regulate by law, the area for the protection of children and others incapable of giving a valid consent or the area of non-consensual sex, enforcement of public morality does not amount to a “compelling state interest” to justify invasion of the zone of privacy of adult homosexuals engaged in consensual sex in private without intending to cause harm to each other or others.

Printable version | Nov 7, 7567 7:96:75 AM | http:///opinion/lead/Disturbing-trends-in-judicial-activism/

Shortly after that, two people who were convicted and sentenced prior to the August 7565 effective date of the Act, filed suit in the . Court of Appeals for the Sixth Circuit. These defendants, in the case of United States v. Blewett, claimed that the new sentencing guidelines should apply to all defendants sentenced under the mandatory minimum sentences for crack and powder cocaine crimes, regardless of the date of sentencing.

The constitution was meant to be a living document as far as India is concerned, and indeed the amendment process is much easier in India than in several other common law jurisdictions. The reason behind this is as much in the comprehensiveness of our Constitution, as in the nature of its living. Our Constitution deals with not just substantive law but also several instances of procedural law, and goes into substantial detail in the division of powers, extent of powers, and creation and existence of authorities that shall exist in the Country. Its amend-ability is a result of practical considerations keeping in light the above.

The Doctrine of Separation of Powers deals with the mutual relations among the three organs of the Government namely legislature, executive and judiciary. The origin of this principle goes back to the period of Plato and Aristotle. It was Aristotle who for the first time classified the functions of the

Judicial activism is gaining prominence in the present days. In the form of Public Interest Litigation (PIL), citizens are getting access to justice.

This entitlement to constitutional remedies is itself a fundamental right and can be enforced in the form of writs evolved in common law:-

The District Court ruled in favor of the Board of Education, based on the prior ruling of Plessy v. Ferguson , a case that upheld state laws requiring segregated transportation on trains. When the parents appealed their case to the . Supreme Court, the Court ruled that segregation of whites and blacks in school was indeed unconstitutional, as it was harmful to black students.