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Judicial Activism - Essay Example

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Summary
There are cases where much caution and attention is needed to define the outcome of a court case. Basically, the constitution is seen by advocators of judges being interpreters as a laid down…
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Judicial Activism

Download file to see previous pages... By interpreting, the judge is equipped with knowledge to decide what applies in a particular case. The decision must also be constitutional rather than a biased one. (Scalia, 1997)This is what is referred to as strict constructionism or strict constructivism. The judge must first acquire the meaning of a particular clause of the constitution then apply it in the ruling. The use of strict constructionism is recommended where the provisions of the constitution are unclear, ambiguous or absurd.
On the other hand, one may view the constitution as a self-fulfilled set of guidelines to govern any ruling.in the event that there are no ambiguous or the clarity of the provisions is spot on, the judges are expected to strictly apply the exact meaning in the ruling. (Forte, 1972) One of the issues that arise with interpretation of the constitution by the judges is expansion of the laws through implications. Justice, reason and fairness may fail to materialise if the judges fail to restrain from expansion of the law through implication.
Abortion has been one of the most contentious and sensitive issue over a period of time. Judicial involvement is rampant and the most publicly highlighted case is the Roe v.Wade case. The outcome of this case was the declaration of access abortion as being a fundamental right of any woman upon determination of foetal viability. (Craig, 1993) Consequently, the conditions determining foetal viability became very conflicting. Up to now, different states continue to set up rulings concerning abortion due to their own definition of the term “foetal viability”.
For instance, the Supreme Court is under intense pressure to rethink about the legal conditions as to when an abortion can be performed. Various petitions have been raised by different states prompting the judicial system to re-evaluate its position as expressed in the Roe vs. Wade case. In this case, ...Download file to see next pagesRead More
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