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judicial activism

judicial activism

6 7.8
Judges make decisions based on social or political views instead of only the law
  • noun
  • /dʒuˈdɪʃəl ˈæktɪvɪzəm/
  • Jargon
translation icon : activismo judicial
  • Many legal experts argue that judicial activism occurs when courts prioritize social justice over legal texts.
  • favor judicial activism
  • support for judicial activism

Examples

  • Thus, they charge that judicial activism is the source of the Chippewa's rights.

    Academic text (1991)
  • The argument does help, however, to explain why so many law professors are drawn to judicial activism.

    Academic text (1997)
  • My comment about the new law also supposed that judicial activism was not involved.

    Blog text (21)
  • Rather, the case for judicial activism from a public choice perspective is more qualified.

    Academic text (1997)
  • Given the present state of the debate, it would appear that those finding no necessary support for judicial activism have the stronger argument.

    Academic text (1997)
  • Though it would be nice to have it overturned, it was judicial activism that went against the consensus of the people.

    Blog text (33)
  • I propose a constitutional amendment that will stop this particular brand of judicial activism in its tracks.

    Blog text (3)
  • Some legal scholars have argued that public choice theory justifies certain kinds of judicial activism.

    Academic text (1997)
  • Today, many conservatives and liberals endorse judicial activism and a broad judicial construction of that clause.

    Academic text (1998)
  • Like many other critics of the Warren Court, Nixon disagreed with its tendencies toward egalitarianism, social engineering, and judicial activism.

    Academic text (1995)

How Activist

judicial activism
  • Jargon
6 7.8
restraint
44 3.9

Surface Forms

Morphology

judicial + activism

The meaning is directly compositionally derivable from 'judicial' (relating to judges/courts) + 'activism' (efforts to promote social or political change), so a learner who knows both words will understand it as activism carried out by the judiciary. Although the term has a specific legal/political nuance in discourse, its basic sense follows ordinary compounding patterns and is cross-linguistically transparent.

Etymology

Judicial activism links judicial (judges) with activism (people who try to make change). Imagine a judge acting like an activist, using decisions to shape society instead of only following the exact words of the law, so it means 'judges making choices based on social or political views rather than just the law'.