Preview

Judicial Activism

Better Essays
Open Document
Open Document
1401 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Judicial Activism
Judicial Activism
Active Judiciary, passive executive

In normal circumstances, judicial activism should not be encouraged. But the circumstances are not normal. The political system is in a mess. In several areas, there is a situation to administrative paralysis.

Take the recent Hawala case, which is a good example of judicial activism. What transpired in this case is very instructive.

In this case the prime minister's name was also involved, and the Central Bureau of Investigation (CBI) is under the direct charge of the prime minister. And therefore, most of the parties involved were not interested in expediting the investigation.

So should the Supreme Court ask for another investigative agency to intervene? There is no good investigative agency other than the CBI.

So, the CBI had to be insulated from government pressures. One way of doing that was by demanding the resignation of the prime minister. This was not a plausible option.

A special prosecutor had to be set up who could assist the investigative agency. But where do you get such a investigator who could remain above any government pressure?

So, the Supreme Court took the practical decision of monitoring the investigation of the CBI.

However, judicial activism is not a permanent solution.

It can only work as a threat if nothing if nothing else works. However, even with regard to judicial activism, there should be a sense of practicability.

Wherever a decision involves detailed and practical knowledge, which is outside the normal comprehension of the judge, the court should restrain from commenting on that area.

For instance, the Supreme Court ordered the municipality to collect garbage. However, I don't know how the judiciary can enforce the implementation of such an order. After the judge passed the order, it was found

You May Also Find These Documents Helpful

  • Satisfactory Essays

    No one in the investigation has really known who has jurisdiction over this case. It went from city to county and then state and no one actually preceded to be the 1st in line of action to step up and say, “Hey, we have it.”…

    • 396 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Bsbwor501 Final Exam

    • 686 Words
    • 3 Pages

    E) The passage of the Charter has placed significant limitations on the power of the judiciary.…

    • 686 Words
    • 3 Pages
    Good Essays
  • Good Essays

    This ruling confirmed the use of administrative adjudication. Early in 1939, President Roosevelt requested the formation of the Attorney General’s Committee on Administrative Procedure to study existing administrative procedures and to formulate recommendations. The study showed that the procedures used by agencies to decide cases and to make rules lacked basic uniformity. The study also showed that some agency hearing officers were not sufficiently independent of the investigators or prosecutors. The committee designed a compromise that would create trial-type procedures, establish quasi-independent “hearing examiners” to preside over and make initial decisions in such cases, and authorize judicial review in the regular federal…

    • 883 Words
    • 4 Pages
    Good Essays
  • Good Essays

    There are many examples of court intervention, known as judicial activism. This is when the Supreme Court becomes active in political decisions which have been made; there is one example of a history changing decision which has been made which is probably the best example when the Supreme Court intervened too much in the Bush vs Gore 2000 election. The Supreme Court said that there was to be no recount and that the…

    • 1269 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Haiti Prison Trial Report

    • 1133 Words
    • 5 Pages

    The government asserts that it has provided counsel with all of the discovery in their possession, however, counsel has received recent information that the government possess additional discovery through the United States Embassy for Haiti. The investigator for the defense has been refused access to the Haitian court files for the defendants, alleged co-conspirators and witnesses, including Samson…

    • 1133 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    central political authority is not seen as fair and proper, the litigants will seek personal…

    • 461 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Treaty of Versalliers

    • 406 Words
    • 2 Pages

    The Treaty of Versailles was meant to ease tension over WWI but in my opinion it could have been responsible for starting WWII. I think the United States should have rejected the Treaty of Versailles, considering that the Big Four (US, Great Britain, France, Italy) had the most to gain and it created much animosity for the rest of the European nations.…

    • 406 Words
    • 2 Pages
    Good Essays
  • Good Essays

    There is a strong emphasis on maintaining the confidentiality of both the whistle blower and the accused. During the investigation both parties are kept up to date with any progress made. Timescales are determined by the investigating manager and notified to both parties as part of the investigation process. Appropriate support is provided to both parties as required.…

    • 1121 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The agency also has the function of conducting special investigations of allegations regarding the violations associated to federal criminal law, especially the conflict of interest or sometimes procurement and contract fraud (Kaiser, 2008). The agency conducts these activities through small offices which ensure that it goes a notch higher with respect to the accountability process and has the mandate of being able to prosecute those involved in such fraud and other criminal activities related to federal…

    • 919 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Locke writes, “All power that is given with trust for attaining a certain end is limited by that purpose; when the purpose is obviously neglected or opposed by the legislature·, the trust is automatically forfeited and the power returns into the hands of those who gave it”. When governmental power is used incorrectly, the social contract is broken and people no longer have an obligation to obey unjust laws. Defending freedom may require exercising a right to…

    • 794 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Consitutional Review

    • 618 Words
    • 3 Pages

    When people cannot get decisive action from their political leaders they are likely to turn to courts and judges instead. That is when any political group cannot gain electoral support…

    • 618 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    In the book “The Hollow Hope” by Gerald Rosenberg discusses notion that there are two major schools of thought and the way that courts should view their powers. The Dynamic court which is a court that is powerful and a court that can create social change. The Constrained Court is a court that is powerless and cannot create social change because of lack of power and influence.…

    • 1975 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    American Law Essay

    • 340 Words
    • 2 Pages

    Court decisions the court are not required to follow but are well reasoned and from a respected court. Courts can be persuaded to make decisions on findings from other similar cases that have already been tried ex; would be that of Justice Cardozo in New York Court of Appeals case of Palsgraf v. Long Island Railroad Company, 248N.Y. 339.…

    • 340 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Although bureaucracies, or institutions that “deliver government goods efficiently” (pg. 309), are responsible for implementing a legislation passed by Congress, Congress maintains control through oversights- when committees and subcommittees follow bureaucratic implementations of the piece of legislation passed. Specific committees and subcommittees have specific “oversight powers” over specific bureaucratic agencies in the executive branch, and there are committees are in the House and in the Senate that can oversee other agencies that are not in their jurisdiction. Therefore, the implementation of oversight is greatly evident through public hearings, during which agencies in the executive branch and additional individuals present and protect their data. A committee and subcommittee hearing in 2012 regarding the U.S. consulate in Benghazi, involved the Central Intelligence Agency and the Department of State, both of which were interrogated for deaths of several individuals, including the U.S. Ambassador and four Americans, and for “the destruction of the facility” due to their inability to maintain security. Thus, each agency holds a responsibility to the Congress to display all resources in order to maintain its life; accordingly, Congress’ immense power is even more distinguishable by the ability to apply “the…

    • 1206 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    Judicial activism could be called the Liberalism of judicial action, or the left leaning ideological representation of such. This concept describes using judicial power to advance political policies. It's my opinion that this type of judicial action has had the greatest impact on the…

    • 231 Words
    • 1 Page
    Satisfactory Essays