judicial activism

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Related to Activist judge: activist justice

judicial activism

n.
Judicial lawmaking that exceeds the proper exercise of judicial authority, especially when concerned with matters ordinarily addressed by a legislature.
American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.judicial activism - an interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)
interpreting, rendering, rendition, interpretation - an explanation of something that is not immediately obvious; "the edict was subject to many interpretations"; "he annoyed us with his interpreting of parables"; "often imitations are extended to provide a more accurate rendition of the child's intended meaning"
Based on WordNet 3.0, Farlex clipart collection. © 2003-2012 Princeton University, Farlex Inc.
References in periodicals archive ?
But now, in forums ranging from online blogs to classrooms, there are discussions about what it means to be an activist judge or a textualist.
Gary Herbert criticized the decision and characterized Shelby as an "activist judge."
At the vote, Wheeler he said he believes Bassett will be an activist judge and questioned whether he would strictly interpret the constitution.
The conservative legal movement (5) has succeeded in planting in the minds of much of the American public the idea that there are two types of judges: the liberal, activist judge and the conservative judge.
DeMint said Kagan, like President Obama, sees the Constitution as a "living document" and will therefore be an activist judge who will increase the reach of the federal government into people's lives.
One need only think of the Dred Scott case, where an activist judge intervened to overturn what he thought was the great legislative injustice of denying a slaveowner the right to his property.
The idea of an arrest warrant for the pope may not be as far-fetched as it sounds, given that all it takes is one activist judge willing to test the waters.
8 supporters almost surely would cast such a decision as an activist judge overturning the will of the people.
Those minor improvements were short-lived, though, as they were halted by an activist judge worried about the "environmental impact" of law-abiding park visitors possibly possessing guns.
What effect Active Liberty may have on the Roberts Court or popular conceptions of what it means to be an activist judge remains to be seen.
One thing's for certain: a cadre of tax-payer-funded Pentagon lawyers would prefer to find a sympathetic activist judge willing to rewrite the federal Freedom of Information Act so that the second batch of Abu Ghraib torture images--the so-called "Darby photos," named for the key whistleblower in the torture scandal, Specialist Joseph M.
(12) However, since Carrigan did not intend to suggest that these cases, by themselves, constituted all the proof that was needed to show that Dixon J was an activist judge, I will not, in turn, claim that my response to Carrigan's interpretation of these cases constitutes proof that Dixon J invariably followed the path and method of strict legalism.