Q. Consider the following statements:
1. It is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
2. According to this theory, the judges must try to stick to the laws enacted by the legislature
3. This theory provides that judges should hesitate to strike down laws unless they are obviously unconstitutional.
The above statements refer to which of the following theories?
Exp) Option c is the correct answer.
Judicial Restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. In judicial activism, the judge takes more freedom to deviate from conventional interpretation, so that a law can be applied to a given set of facts. According to the theory of judicial restraint, the judge must stick to the laws enacted by the legislature and should uphold them unless they are unconstitutional. In judicial activism, the judge can interpret laws according to the changing needs of the society and prevent injustice.
| Important Tips When the judiciary appears to have transgressed its jurisdiction, triggering a grave violation of the doctrine of separation of powers, the term “judicial overreach” is widely used. It is also commonly known as judicial adventurism. |
