Final answer:
Judicial activism should be employed when courts perceive a need to protect individual rights and liberties, or to enact changes during legislative inaction. It is a contentious practice, seen by some as necessary for justice and by others as an overreach of judicial power.
Step-by-step explanation:
The concept of judicial activism refers to instances where judges employ their judicial power to make significant changes to public policy, typically by striking down laws they believe infringe upon individual rights and liberties.
The formal definition of judicial activism is when a court strikes down a law enacted by Congress, but this term is often subjectively and politically charged, with detractors labeling decisions they disagree with as activist. The question of when the Court should engage in judicial activism is complex and depends on one's interpretation of the judge's role and the Constitution.
Some jurists view the Constitution as a living document and believe in broadening personal liberty, justice, and equality, seeing the judiciary as a mechanism to enact social changes when other branches of government fail to do so.
Judicial restraint is the counter philosophy to judicial activism. Judges who practice restraint tend to defer to elected branches, focusing on a narrower interpretation of legal texts and upholding precedent, desiring to leave policy decisions to legislators unless there is a clear conflict with the Constitution.
Instances where judicial activism is deemed appropriate can include situations where civil rights and liberties are at risk, or where elected branches are unable or unwilling to act. This is seen in historical examples such as the Warren Court, which used its powers of judicial review to institute civil rights policies at a time when the legislature was unable to do so.
The controversy surrounding judicial activism lies in the perception that it may overstep the separation of powers, though its proponents argue it is sometimes necessary to protect individual rights.