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Trending: Call for Papers Volume 5 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

JUDICIAL ACTIVISM: EXPANDING FUNDAMENTAL RIGHTS AND SOCIAL JUSTICE – Suryansh Tripathi

Abstract

This paper examines the topic of judicial activism and the doctrine of separation of powers. Judicial activism take place when judiciary goes beyond the role of interpreting laws and more into the matters of legislation or in the process of creating new legal standards often, in response to legislative inaction or for a pressing social cause. It is a crucial check for the government and a saviour for many but it is often criticised about the balance of power between the judiciary and legislature. This paper discusses that how judicial activism can enhance democracy when exercised with caution but it can also distort the balance of power between the pillers of democracy. The deeper implications of this study underline the necessity for a careful treatment on how judicial activism fits into modern governance and its possible effects towards separation of powers.