Essays on Judicial Activism

Judicial Activism of the Court of Justice of the European Union

Since the ECJ handed down the 2005 Mangold v. Helm case, there have been several criticisms provided by different scholars of the decisions it made and what they believed had various consequences for the European Union law. Essentially, the decisions made by the court involved several queries, but the main one was applicability of European Union age‐based anti‐discrimination law in situations involving the fixed‐term employment contracts. The contracts were founded on the law that permitted the fixed‐term contract with no demands for the objective reasons that justified the limitations of the employment period past the ...

Eugenics is defined by Coutts and McCarrick (1995, p.163) as the methods used in perfecting the human race thorough genetic technologies or the traditional genetic selection (Sparrow, 2010, p.288). But this definition was twisted to defend the enhancement of human beings by sterilizing those who are considered to be inadequate (Coutts and McCarrick, p.1995, p.163). The definition of an inadequate genetic heredity was defined by the 1924 Virginia Eugenical Sterilization Act to include feeblemindedness and sexual promiscuity, which is believed to be be passed on to the next generation (Claude, 2004). The first test subject for the sterilization law ...

Judicial activism versus judicial restraint is one of the debates that has influenced American jurisprudence for many years. The reason for this is that it is very easy for any human’s mind to be clouded by their personal beliefs. In fact, in many professions, professional struggle with the ability to do what is right for their job versus what may be their moral principles or personal beliefs. It is based on this framework that the debate between judicial activism and judicial restraint originates. Judicial activism refers to the judicial rulings that are decided upon the judge’s political ...

Judicial Philosophy, Activism and Restraint

Judicial philosophy is defined as the way a prosecutor or judge interprets and understands the law. The laws that are followed around the world are considered to be universal but some have reservations when it comes to certain cases under unique circumstances. In scenarios like this, the judge would investigate and determine the real meaning of the written law and find out the real intent of why it is written. There are two main types of philosophy which is essential in decision making – the judicial activism and judicial constraint (The American Prospect n.p). Judicial activism is very much in ...

Judicial Philosophies

Various philosophical approaches are used by judges to interpret law. They include liberal, conservative and moderate judicial philosophies. Judges that embrace a liberal judicial philosophy are of the view that the Constitution is a living document hence it is open to various angles of interpretation. Consequently, the philosophy tends to be inclined more towards jurisprudence that supports progressive ideas such as women’s rights, personal freedoms and the separation of state and religion. On the other hand, a conservative judicial philosophy opines that the Constitution is a fixed document and as such it has no room for interpretation. It ...