Essay On Judicial Activism
Any violation of the fundamental rights of citizens of the country is acted upon seriously by the judicial system.
Every citizen is entitled to certain basic rights termed the fundamental rights under our constitution.
Proponents of judicial review pointed to Chief Justice John Marshall’s decision in Marbury as a source supporting the view that the Supreme Court has the final say on what the Constitution means.
Since then, as the powers of the national government have expanded and as more and more state laws became subject to federal review (as a result of the Fourteenth Amendment and the incorporation of the protections of the Bill of Rights against the states), the Supreme Court has had frequent opportunities to exercise its power of judicial review. Does Marshall’s ruling support the argument that the Supreme Court alone—and not other branches of the national government—have the final say on what the Constitution means?
there has been a dramatic and indeed a radical change …
The executive is involved in implementing the laws created by the legislature body.
The judiciary is an independent department not attached with the legislature or the executive.
The whole point of a written Constitution, Marshall asserted, was to ensure that government stayed within its prescribed limits: “The powers of the Legislature are defined and limited; and [so] that those limits may not be mistaken or forgotten, the Constitution is written.” In cases where a law conflicted with the Constitution, Marshall wrote, then “the very essence of judicial duty” was to follow the Constitution.
Marshall also asserted that the courts had the responsibility to understand and articulate what the Constitution means: “It is emphatically the province and duty of the judicial department to say what the law is.” The decision concluded “a law repugnant to the Constitution is void, and courts, as well as other departments, are bound by that instrument.” The Supreme Court did not declare another act of Congress unconstitutional until it struck down the Missouri Compromise in (1857).