Judicial activism

From Judgepedia

Judicial philosophy
Philosophy of law
Judicial activism Judicial empathy Judicial minimalism Judicial restraint Plain Meaning Rule Strict constructionism Legislative intent Living Constitution Judicial interpretation Judicial accountability Judicial independence Originalism Stare decisis Textualism

Judicial activism refers to the judicial philosophy that is sometimes referred to as "legislating from the bench".

Judicial activists believe that it is acceptable to rule on lawsuits in a way that leads to a preferred or desired outcomes, regardless of the law as it is written. Judicial restraint is generally thought of as the opposite of judicial activism.

Matthew Schneider, a professor of law at Thomas M. Cooley Law School, defines judicial activism as, "the theory under which judges may 'actively' interpret the law on a broad plane and are not necessarily constrained to relying on the sources and issues strictly before them."^[1]

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