Judicial Activism and Governance: A Comprehensive Analysis of Constitutional Principles

Rajeshri N. Varhadi; Rita P. Bansal

Judicial Activism and Governance: A Comprehensive Analysis of Constitutional Principles

Author(s)	Rajeshri N. Varhadi, Rita P. Bansal
Country	India
Abstract	The research examines the evolving role of the judiciary in shaping and influencing public policy, emphasizing the delicate balance required to maintain the separation of powers while ensuring effective governance. The study encompasses a broad spectrum of constitutional doctrines and judicial decisions to provide a comprehensive understanding of the dynamics between the judiciary and the other branches of government and it also acknowledges the potential benefits of judicial activism in addressing societal issues. It not only helps in protecting fundamental rights but it also scrutinizes the concerns surrounding overreach and the erosion of democratic principles. A central focus of the paper is the intricate relationship between judicial review and the separation of powers. The analysis evaluates how judicial activism can serve as a check on the legislative and executive branches, ensuring that constitutional rights are safeguarded. However, it also underscores the need for judicial restraint to prevent the judiciary from encroaching on the policymaking domain reserved for elected representatives. The paper discusses the evolving nature of constitutional interpretation and the potential impact on governance, with a specific emphasis on how judicial decisions can influence the legal landscape and societal norms. Furthermore, the analysis considers the role of judicial activism in addressing contemporary challenges such as social justice, environmental protection, and technological advancements. In conclusion, this comprehensive analysis provides a nuanced understanding of the relationship between judicial activism and governance, emphasizing the importance of striking a balance that upholds constitutional principles while respecting the roles of the other branches of government. The paper contributes to the ongoing discourse on the evolving nature of judicial power and its implications for effective and accountable governance within a constitutional framework.
Keywords	judicial activism, judicial review, constitutional principles, public interest litigation, governance
Published In	Volume 6, Issue 6, November-December 2024
Published On	2024-11-05
Cite This	Judicial Activism and Governance: A Comprehensive Analysis of Constitutional Principles - Rajeshri N. Varhadi, Rita P. Bansal - IJFMR Volume 6, Issue 6, November-December 2024.

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Judicial Activism and Governance: A Comprehensive Analysis of Constitutional Principles

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