Judicial Activism vs. Judicial Restraint: Balancing the Role of the Courts in a Democratic Society
DOI:
https://doi.org/10.36676/ijl.v2.i2.02Keywords:
Judicial activism, Judicial restraint, Courts, Democracy, Separation of powersAbstract
the contrasting approaches of judicial activism and judicial restraint and their implications
for the role of courts in a democratic society. It explores the tensions between these approaches and the
challenges of striking a balance between judicial intervention and deference to other branches of
government. Judicial activism refers to a proactive approach by courts in interpreting laws and the
Constitution, often involving the expansion of individual rights and the correction of perceived
injustices. This approach empowers courts to address social and political issues, but it also raises
concerns about judicial overreach and the usurpation of legislative or executive authority. In contrast,
judicial restraint emphasizes a more deferential approach by courts, limiting their intervention in
political and policy matters and deferring to the elected branches of government. While this approach
respects democratic processes and separation of powers, it can also lead to the perpetuation of systemic
injustices and the neglect of marginalized groups.
References
Epstein, L., & Walker, T. G. (2018). Constitutional Law for a Changing America: Rights, Liberties, and Justice. CQ Press.
Rosenberg, G. N. (2016). The Hollow Hope: Can Courts Bring About Social Change?. University of Chicago Press.
Amar, A. R. (2019). The Constitution Today: Timeless Lessons for the Issues of Our Era. Basic Books.
Tushnet, M. V. (2015). Taking the Constitution Away from the Courts. Princeton University Press.
Balkin, J. M. (2016). Living Originalism. Harvard University Press.
Sunstein, C. R. (2017). Radicals in Robes: Why Extreme Right-Wing Courts Are Wrong for America. Basic Books.
Tribe, L. H. (2015). American Constitutional Law. Foundation Press.
Perry, M. J. (2017). Judging Democracy. Princeton University Press.
Ackerman, B. A. (2014). We the People, Volume 3: The Civil Rights Revolution. Harvard University Press.
McConnell, M. W. (2018). The President Who Would Not Be King: Executive Power Under the Constitution. Princeton University Press.
