Question

Which of the following best exemplifies judicial activism?

OA. A magistrate sentences a criminal to a life sentence.
OB. A justice overturns an executive order because she disagrees with the president's actions.
OC. A magistrate enforces a local statute when a new driver's vehicle fails to pass inspection.
OD. A justice votes to uphold a previous court ruling.

Answer 1

Judicial activism is a judicial philosophy that refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law. It is often used as an antonym of judicial restraint. Based on this definition, the best example of judicial activism is OB. A justice overturns an executive order because she disagrees with the president’s actions.