Difference Between Judicial Activism And Judicial Restraint

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Judicial activism and judicial restraint are two different concepts of what role the judicial system has in the United States. Judicial Activism interprets the Constitution in favor of contemporary values and conditions. The federal judiciary takes an active role in monitoring the activities of Congress, state legislatures, and administrative agencies to ensure these governmental bodies do not overstep their bounds. Under the judicial activism approach, judges use their power to correct anything they deem as injustice and may overturn rulings made by previous courts. Judicial Activism is based more on personal or political considerations than on existing laws or previous court rulings. Judges that follow the judicial activism are required