judicial activism

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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 ?
That's legislating from the bench. It's articulating an intention to be an activist justice on an activist court.
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. Trump initially joked he would appoint his sister, Maryanne Trump Barry, a federal appellate judge in Philadelphia.
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.
My statement makes clear that the existence of discretion on issues like gun control, abortion, and campaign finance reform does not equate with "legislating from the bench." If we were to have this argument over how the Supreme Court actually decides these cases, I promise the opposition will look naive and silly.
I hope it trickles down to the Deep South!" One wrote, "Just waiting for the 'activist judges' and 'legislating from the bench' ire of the GOP.