judicial activism

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judicial activism

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.

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Noun

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)

broad interpretation

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"

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"By passing the Love Life Amendment, we can make sure that activist judges will never protect abortion by using the Louisiana Constitution."

Kansas Decision Shows Importance of Louisiana's Love Life Amendment (HB 425)

When asked what kind of supreme court justices he'd nominate, back when he was running for president in 2000, Bush said simply: "I don't believe in liberal activist judges. I believe in strict constructionists."

Kavanaugh's confirmation is a judicial coup

Instead, he said Democratic lawmakers were "seeking to undo legislative decisions they disagree with by turning to activist judges" and accused Democrats of fueling the voting rights dispute with "phony cries of racism."

Long-winding Texas voting rights litigation spotlights Gov. Greg Abbott's role

In fulfillment of Jefferson's warning that judges "would become despots" if allowed unilateral authority to interpret the Constitution, there seems today to be a constant flow of activist judges who read into both the law and the Constitution what they want to see there.

Junking judicial activism

This has led to activist judges such as Moro and others to take swift legal steps to try and stop what they see as corrupt politicians literally trying to get away with murder.

Wiretaps that shook Brazil

The GOP's familiar complaint against activist judges such as Scalia has receded as its opposition to an activist president such as Obama has intensified.

A deadlock on the court

About a year ago, one of our state senators wrote an opinion piece as a Star Ledger Guest Columnist entitled, "Activist Judges Need To Be Held Accountable." The senator wrote:

Judicial independence

"There can be no activist judges from any political party," Macri said.

Argentina's Macri sworn in as president, ousting Peronists

Her claims include that media hostility has prevented the establishment of a new human rights culture, and that coverage of the Human Rights Act of 1998 has focused on myths of overbearing government, activist judges, and unethical immigrants exploiting refugee status.

Mediating Human Rights: Media, Culture and Human Rights Law

I think history will continue to bear out what we already know: that both in the United States and abroad, Robert Bork is the leading figure in ending the intellectual monopoly that activist judges and scholars have held over constitutional jurisprudence.

Judge Robert Bork's eightieth birthday celebration: April 12, 2007

"Activist judges" as a label, after all, refers to those who decide against the right-wing.