Legal Essay on Judicial Activism Text

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length: 1048 words 3 double spaced pages rating: red free judicial activism: a necessary action judicial activism is rarely needed, but when it is employed, it is only in the most dire of circumstances. It is the broad interpretation of the constitution of the united states by the supreme court. Some argue that this should not be done, but if it had not been, slavery would still exist in america. It is obvious that in some cases, it is necessary to expand civil rights beyond what the constitution explicitly states. The judicial activism displayed by the supreme court led to an end to segregation, social equality for blacks and allowed them to reach respected positions in the american society. A major effect of the supreme courts decision was the desegregation of schools everywhere. Integration became federal law, and schools could no longer bar applicants based on race alone.

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By enforcing this law, the court allowed blacks to recieve the same education as whites and effectively removing their status as second class citizens. The integration of children's schools was a controversial step, and many southerners opposed it with extreme prejudice. There were riots to oppose this move, but eventually the chaos was subdued and after order was restored, schools were fully integrated. Black children were now on equal footing with white children and could no longer be called less intelligent, as they would recieve the same education. Effectively making them complete citizens, legally equal to white men in every way.

They could now vote for the president, a key part of the representative democracy present in the united states. As a result of this case, and others after it, they became increasingly accepted in a previously white dominated society. With any form of discrimination outlawed and punishable by law, there was no way they could be kept from their rightful position as equals in every respect.

Lawsuits against discriminators became increasingly common, and the mindset of the common american was one of tolerance and compassion for their fellow man. To help underprivileged blacks, affirmative action was put into place, insuring that those coming from poor backgrounds would not be left behind, simply because of a lack of money. This helped educate people who otherwise would not be able to afford it, showing once again that everyone deserves equal education, regardless of class, status or race.

Blacks were also becoming accepted in the mainstream, as political figures, and as entertainers. He was the first true sign that blacks could have power in the united states government. He died two years later, but will always be remembered as a great civil rights leader and hero to activists everywhere. Board of education case, effectively destroying the legal basis for segregation in america and making way for all the advances stated above. Painter, a case where a black man was denied entrance into a graduate school simply because of his race.

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He also investigated armed forces stationed in south korea and japan, noting that the general practice was one of rigid segregation. Comedians and actors were appearing more and more, and they were welcomed with open arms. In 1963, the first oscar awarded to a black man was given to one sidney poitier, for his performance in the film lillies of the field. These two men helped pave the road for black actors, showing that they too could win awards previously held only by white men. In 1957, charlie sifford became the first black man to win the pga golf tournament.

Life became easier for black entertainers and athletes, as they became more accepted in what were previously considered white only careers. Also, with the emergence of the first black billionaire, robert johnson, the founder of black entertainment television, no one could contend that blacks were somehow inherently poorer or less capable than whites. Oprah winfrey became the first female black billionaire, showing that rober johnson was not simply a fluke, and also making a statement about women as entertainers. It is plainly evident by the facts presented that the judicial activism was necessary and extremely beneficial to blacks as a collective.

Without it, we would not have nearly the same level of equality and acceptance that we do. It was a landmark event that changed america for the better, and led us to be the more progressive, tolerant country that we are today. Integration allowed blacks to recieve the same education as whites, a key step in the struggle for equality. No longer could blacks be looked down upon as unintelligent simply because they were not allowed into the superior white schools. Voting rights gave them the power to shape their nation and made them into true citizens, while the social equality brought by the case itself proved invaluable in the strugge for civil rights. Thurgood marshall was a great civil rights leader and helped bring about the many changes that led to the much better state of affairs we have today. Without him, we would still be living in the 50's, a time of segregation and bitter racial dispute.

The first black billionaires proved that they could transcend their ancestor's humble beginnings in the white dominated america. By swati gupta category essay judicial activism is the current term in use. If we have a judiciary it is to be hoped that its members will be active, but the term activism of course implies intervention. Verma of the supreme court the role of judiciary in interpreting existing laws according to the needs of times and filling in the gaps appears to be the true meaning of judicial activ­ism.

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Judicial activism helps to advance the course of law and it has been a continuous process in india. Image source: mediad.publicbroadcasting.net/p/kalw/files/201502/hashtag activism.jpg in this context the doctrine of the basic structure of the constitution limits the scope of amending power of parliament in substantial ways. The judgment enunciating the concept of the basic structure of the constitution may be described as judicial activism and it come more than twenty years ago. A decade later come the public interest litigations pil in favour of social action and the courts accepting its reality and stepping in to set things right. Ideologically, such litigation and judicial intervention born of it has transformed the classical liberal right model enshrined in the constitution part i fundamental rights into a paradigms of peoples rights. These cases have broadened the scope of fundamental rights to include right to dignity, shelter, health, environment, privacy, they have given rise to fresh forms of judicial scrutiny of governmental institutions whether they be hospitals, pris­ons or juvenile homes.

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Public spirited individuals began to seek redress in matters affecting not them individually, but the rights of people in general. The term public interest litigation was initially encouraged in 1980s by justice p. Jowell said that judges may inter­vene if the executive exceeds the terms of power confirmed on them.

So is judicial intervention to be invited if the state refuses to comply with the statu­tory provisions. In the present era when governments are weakened, judges in the circumstances, provide better guideposts to the state so that policy is not ignored. Judicial activism becomes necessary to put a check on tyranny born out of a temporary political majority in legislature which might otherwise seek to rewrite the constitution in order to be entrenched in power. In the same way judicial intervention becomes inevitable when the ex­ecutive and the legislature abandon their duties and responsibilities. There are fears in some quarters that the judiciary is overstepping its authority by inter­fering into spheres reserved for parliament and the executive.

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