Judicial Activism — What Kind?
Journal: Drashta Research Journal (Vol.1, No. 03)Publication Date: 2012.08.15
Authors : Vijay Pal;
Page : 127-132
Keywords : Judicial Activism; Judgement; Court; Constitution;
Abstract
The real question is: What should be the field of the courts' policy-making and activism and do the courts have competence in that field? It is plain that the judiciary is the least competent to function as a legislative or the administrative agency. For one thing, courts lack the facilities to gather detailed data or to make probing enquiries. Reliance on advocates who appear before them for data is likely to give them partisan or inadequate information. On the other l if courts have to rely on their own knowledge and research it is bound to be selective and subjective. Court also have no means for effectively supervising and implementing the aftermath of their orders, schemes and mandates.
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