Definition
Judicial activism generally describes decisions perceived as expanding judicial power, departing from precedent, or invalidating acts of elected branches. The term is contested and often used politically.
Political Dictionary
Judicial Activism
Judicial activism is a critical term for assertive judicial intervention in law or policy.
Why It Matters
It frames debates about the proper role of courts in a democracy.
How It Works
Observers apply the label based on outcomes, reasoning, institutional impact, or willingness to overturn laws.
History
The phrase gained prominence in twentieth-century legal and political commentary.
Example
A critic may call a broad constitutional ruling activist.
Common Misconceptions
- The term has one neutral legal definition.
- Only liberal decisions are called activist.
- Invalidating a law always proves activism.
Related Terms
Related Topics
See Also