ethics

RUNNING HEAD : The Injustice of Judicial Activism

The Injustice of Judicial Activism

The rule of law is one of the main characteristics of good governance ( What is Good Governance ' 2009 . In simple terms , the rule of law ensures that all citizens are treated equally and are subject to the law rather than to the whims of the powerful ( Rule of Law . Laws being arbitrarily changed by the powerful entails a mockery of justice . Both Kant and Aristotle would argue against this ( Kant 's Moral Philosophy ' 2008 Aristotle 's Ethics ' 2007 . All the

same , judicial activism continues to oppose the rule of law in courts of America . Because judicial activism makes a mockery of the American legal system , it is imperative for American citizens to oppose this injustice whenever it happens

Judicial activism is known to occur when a judge makes a ruling that is contrary to law that has already been established . Political scholars use the term to describe the disposition of judges to take account of outcomes , public policy issues , as well as attitudinal preferences while interpreting the applicable law in existence . What is more , the term is often used pejoratively in the of legal judgments that are based on a specific agenda that is thought to be endorsed by a judge (Franck , 2006 Kmiec , 2004 . In other words judicial activism is believed to go against the rule of law seeing that the latter calls for equal protection of human rights of individuals and groups , as well as...