Date of Publication :22nd June 2016
Abstract: Judicial activism is considered to be the fundamental pillar of the English legal system, in fact precedent is the most dominant source of law. The civil law legal system has no place for judicial activism but the judicial activism is a cardinal feature of the common law legal system. The Indian constitution impowers the judiciary make the law through the interpretation; and according to John Salmond the law made by judiciary is to be considered as subordinate legislation. This implies that the lawmaking authority of the judiciary is subject to the supreme legislation made by the legislature. The judicial activism has many advantages such as flexibility, no complex separate procedure is involved in the law making and granting of comparatively quick remedies because of the interpretation of law. However, one serious difficulty arises in the aspect of judicial law-making is that there is no limitation on it. The judiciary attempts to keep the state officials and the individuals within the sphere of limitation; now the question arises who will keep the judicial activism within the legal bounds ?.
Reference :
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- Dr. Durga Das Basu., Comparative Constitutional Law. (lexisNexis)
- Granville Austin., The Indian Constitution: cornerstone of a nation. (Oxford University Press)
- Benjamin N. Cardozo., The Nature of the Judicial process. (Yale University Press)
- P. J. Fitzgerald., Salmond on Jurisprudence. (Universal law publication)
- Richard A. Posner., The Problems of Jurisprudence. (Harvard University press)