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Difference between judicial review and judicial activism?

edited June 2013 in Polity & Governance
What is the difference after all judicial review is more or less judicial activism only.please clarify
You wouldn't like me when i'm angry Because I always back up my rage with facts and documented sources. |Philosophy|
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Comments

  • edited June 2013
    In crude terms , Judicial activism a bit overstretched role .Would just slightly overlook the political power.[mostly done :D ]

    When a Judiciary finds a law undermines constitutional provisions[eg : Curtailing role of SC Judge or give more powers for parliament to clip the wings of any constitutional posts etc] , it would call for the law a review : Judicial Review . It can be also termed to be Judicial Activism

    NB:
    Wait for others to give more illustrated views
    2017--> 8th attempt
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  • edited June 2013
    There is a thin line between these

    judicial review--->judicial activism--->judicial adventurism

    Judicial review- power of the court to decide whether a law or an executive act is (in)consistent with constitution or law.power of judicial review follows from various provisions in the constitution itself like article13(2) etc.thus judicial review has been recognized by the constitution itself.

    judicial activism-It is more to do with the attitude of a judge handling the case and is thus an attribute of the personality of the judge than any provison in the legal system.a judge may depart from the norms of standard practice in the admission or disposal of a writ petition motivated by consideration of natural or social justice,for a judge may take cognisance of a case suo moto and so forth.it is supported on grounds of public interest,speedy justice when the executive has failed to deliver like cases of continuous mandamus.opponents say its against article 50(separation of powers between the organs of government).

    judicial adventurism/overreach-a judge acting on whims and fancies with total disregard to natural or social justice(as in judicail activism).

    "procudure established by law"(as in india) gives lessser scope for judicial supremecy unlike
    "due process of law"(america).judicial review was in fact first formulated and applied in US in the case of madbury vs madison.
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  • Judicial review - it means reviewing any law formulated by state (i.e. legislature/parliament) or any other law to chech its constitutional validity . It is the basic stricture of constitution . Initially there were some laws or actions which could not be reviewed by supreme court but lately supreme court has taken them also for review e.g. Inter water rover dispute case now admitted by SC
    So in short it is prerogative of judiciary to chech whether laws are in con formation to constitution or not and it is basic structure

    Judicial activism - when the other two organs of state i.e. legislature and executive do not fully oblidge their role and commitments then it is taken by judiciary by its judicial orders which may be suo motu . Like vishakha case , protecting taj case etc
    It is not basic stricture pf constitution and should be avoided on long run. Rather courts should try to issue writs to make executive implement the policies and mot formulate by itself

    I hope i have made things i little clear
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  • Sorry for spelling mistakes i not good with my new mobile having touchpad
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  • I have difference of opinion

    Judicial Review : means when the law is passed Judiciary will review it (post law phenomen)

    Judicial activism: means supreme directs the parliament that it should make law on the issues/matter of public importance (it is pre legislative)
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  • @dp81

    I would like to present my viewpoint on your opinion .

    Since judicial review need not always apply on law so it would not be technically correct to call it post law . it can review administrative actions . however generally it takes into consideration a law.

    Similarly Judicial activism can be there if judiciary takes up the function of executive also . So calling it pre legislative would be incorrect as it would signify judiciary adopting role of only legislature.

    Also If a law exists but has some lacunae or doesn't conform to present scenario then the corrective action taken to formulate new guidelines by court would come under Judicial activism . So here also it is not pre legislative as the law existed but had some deviations and lacunae relating to present scenarios.


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