Judicial activism

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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]

References

  1. October 2008 white paper on the Michigan Supreme Court by Matthew Schneider