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Paper Topic:

What is meant by the term

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: Activist ' Judge

Introduction Activist judge is a judge that makes decisions that with which the critics disagrees with , his decisions are guided by their personal policy . An activist judge is one that boldly declares the act of congress unconstitutional and goes a head to make public policies through the application of personal views

The activist judge does not follow the decision of the congress which in the United States is presumed to be representing a high degree of democratic legitimacy since

the congress is an elective body that is representing the entire nation

Being and dealing with activist judges , might prove to be bad to a country since all the activist judges will be making most judgments depending on their political affiliations . The judges therefore have the powers to make and write their own laws , so long as any ruling can be argued to be helping the constitution to grow and evolve . Judicial activist judges therefore make it very much difficult for the population to predict any ruling in a supreme court , which therefore makes it impossible to obey the law (Relyea , 2003

The concept of judicial activist , as an act disobeys the concept of the separation of power . This is because the role of the judiciary is to help in the interpretation of the existing laws and existing policies and any action that is taken not according to the constitution is considered activist (Relyea , 2003

The rulings by the supreme courts by activist judges goes beyond their constitutionally mandated limits , this is because the roles of judges is very important and limited , and therefore they do not have any commission of solving the society problems as they happen , but area mandated to simply solve society problems according to te rule of law Relyea ,2003

The activist judges are therefore bad as they try to use their own rules , based on their personal intuitions to pass rulings

Works Cited

Relyea , H (2003 . Organizing for homeland security . Presidential Studies

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