Judicial Activism

Judicial activism, a political discourse which was derived from the practice of the judicial review in America in 20th century meanwhile, it was derived from the heritage of liberal constitutionalism.There are two aspects of the judicial activism in the evolution of constitutionalism. There are two sides. One is for the political disputes settlement, and the other is for the rights protection. Some scholars argue that current judicial activism should be realized as a legal-political circulation. However, much address on this is tending to cover the function of rights protection for both citizens and vulnerable groups. And what's more, such views cause the counter-majoritarian problem.In order to emphasize the function of the constitutional rights protection, the legitimacy and the limitation of judicial activism, this dissertation attends to explore the potential connection between the liberalism and the judicial activism. To some extent, all of the discussion about judicial activism and judicial review were integrated in the evolution of liberal democracy.Generally speaking, this dissertation is trying to give an idea on how can judicial activism absorb and keep its legitimacy-materials from the turning of the liberal constitutionalism, which is also the line of this dissertation.