Biology Forums - Study Force

Briefly discuss the arguments surrounding judicial activism with reference to arguments from both sides

Some argue that judicial activism has made Canadian courts too powerful, and that unelected judges should not make important decisions about social issues that are properly made by parliament. Another criticism is that courts are not able to monitor the consequences of their decisions. Others argue, in support of judicial activism, that the courts have helped to protect the rights of minorities. Judicial independence is needed to limit the power of government and allows the courts to protect the rights of unpopular minorities where elected officials may face pressure from majority opinion.

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