Exploring the Impact of Judicial Activism on Legal Precedent: A Comparative Analysis
DOI:
https://doi.org/10.36676/ijl.v2.i2.06Keywords:
Judicial activism, Legal precedent, Comparative analysis, Case studies, Empirical dataAbstract
Judicial activism, a concept characterized by judges making decisions that extend beyond strictly interpreting the law, has been a subject of debate and scrutiny within legal scholarship and practice. This paper seeks to explore the impact of judicial activism on legal precedent through a comparative analysis of various judicial systems. By examining case studies and empirical data from different jurisdictions, including common law and civil law systems, this study aims to assess how judicial activism influences the development and stability of legal precedent. Furthermore, the paper investigates the potential consequences of judicial activism on legal certainty, the rule of law, and the balance of power among branches of government. Through this comparative analysis, insights will be gained into the complexities surrounding judicial activism and its implications for the evolution of legal systems globally.
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