Developmental Study of Judicial Activism

Abstract

In all types of societies, there exists a justice system. The imagination of a civilized society is unthinkable without justice. Rendering justice and receiving justice is not a new concept, as the emergence of justice would have occurred at the time of any dispute between two individuals, and a third person would have made a decision on the dispute. Before the 1970s, the judiciary tended to support established and tried legal principles instead of embracing new and untested ideas and laws. In other words, the judiciary supported the process established by law, but later, the judiciary faced certain societal and human events that made it realize that if we establish a strong and consistent judicial system, we will hinder the progress of society and the development of the people of the nation. Therefore, while adhering to the principles of natural justice, the judiciary began to use the appropriate legal process and promoted judicial activism by accepting public interest litigations. Through judicial activism, the judges' primary objective is to expand the judicial domain beyond the traditional realms of the judicial system and ancient legal procedures, and establish new principles in accordance with the solutions to new problems. These judges abandoned the old concepts of judicial procedure and considered the study of real societal issues essential.