judicial activism

(redirected from Legislating from the bench)
Also found in: Thesaurus.

judicial activism

n.
Judicial lawmaking that exceeds the proper exercise of judicial authority, especially when concerned with matters ordinarily addressed by a legislature.
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"
References in periodicals archive ?
I am convinced that Justice Stras will rule fairly and impartially, finding and applying the law as writtenand not legislating from the bench.
Scott said, Justice Lawson has focused on "defending the Constitution, strictly adhering to the rule of law, and not legislating from the bench.
Even before he received the Republican nomination, Donald Trump said he would appoint judges in Scalia's mold - strict constitutionalists who deplore legislating from the bench.
Pence told "Family News in Focus" that the bill would "bring an end to the judicial activism that has resulted almost in legislating from the bench.
Texans deserve the option to elect a Supreme Court justice who is truly committed to the conservative legal philosophy of carefully and fairly applying laws as they are written and not legislating from the bench," he said in a news release.
To overturn Roe v Wade, we need elected officials who will appoint and confirm judges who don't believe in legislating from the bench, as the Roe court did.
Tony Perkins, president of the conservative Family Research Council, assailed Heyburn's ruling as ''another example of the deep betrayal of a judicial system infected with activist judges who are legislating from the bench.
The Separation of Powers doctrine should prevent the judiciary from creating a broad exception to congressional power by legislating from the bench.
All their carefully scripted talk in Senate confirmation hearings about following precedent and being "umpires," not legislating from the bench, was no better than today's right-wing political strategy that lying is okay if it promotes their ideology.
Strauss's argument assumes that none of the elements of constitutional law that he defends against originalism would have come to be without judges legislating from the bench.
Aa Due to death or retirement, the Supreme Court is taken over by far left-wing radical judges (6-3 majority) who--you guessed it--begin legislating from the bench.