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What are 5 similarities between Judicial Activism and Judicial Restraint?

User Tyzak
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Answer:

In a nutshell, when we are discussing judicial activism vs judicial restraint, judicial restraint is where judges should be using their authority and power to ensure fairness and justice in times when the relevant federal and constitutional bodies are negligent in their duties. Therefore, the judicial activism approach allows the judges to formulate policies playing an active role in protecting the legal rights of individuals, social rights, publicity rights, and more while ensuring political fairness.

Judicial restraint and judicial activism are very different, but they collectively help maintain a fine level of power among the judiciary, executive, and legislative. In judicial activism, the judges and the court are needed to review and revisit existing laws and their modifications if needed.

The Supreme court or an Appellate court can therefore exercise their power to reverse a faulty decision of a case. The active judicial system maintains a check and balance on all three branches (judiciary, executive, and legislative) instead of making the legislative exceptionally powerful.

User Aldenn
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