Analysis Of The Judicial Activism

As the scope of philosophy, judicial activism is a tradition outcome of liberal constitutionalism. As the scope of political discourse, judicial activism made a figure in Supreme Court of the United States in last century; it was endowed with legal legitimacy for involving and solving the conflict of politics. Judicial activism has been indeed protecting for developments of constitutionalism. For the mentioned mission, on the one hand, judicial activism involves the "political thicket" to de-conflict; on the other hand, it is playing an important part in fighting for the common peoples'fundamental rights and equal treatment in public area.This content will be divided into four parts on the basis for analyzing judicial activism from different perspectives:The first part:to analyze the relationship between the judicial power and the legislative power as well as the executive power and the constitutionalism effort on judicial activism given by the theory of discretionary power. In addition, to introduce the pragmatism acts on pushing effort to judicial activism and to forecast the judicial activism's development direction brought by such thought.The second part:based on the above-mentioned theory, to review the growth and decline of judicial activism in Supreme Court of the United States in last century and to sum up the judicial activism's effort on politics and economy of America as well as trying to find out the impact of establishing the democratic society.The third part:from different views to discuss how judicial activism to protect the common peoples'fundamental rights which stated by the constitution. It is theoretically expounded the function of judicial activism that from the political issue of representative system to the protection of various kinds of freedom and rights in public area to judicial defense of absolute private sphere.The forth part: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.The fifth part:to further seek the legalization basis of judicial activism from theory. To point out the doubt of "the counter-majoritarian difficulty" and the natural, furthermore, trying to defuse the issues which puzzle judicial activism during answering these questions. Finally, to rise up a thinking of reasonable using judicial activism based on the relationship between judicial activism and judicial self-restraint as well as the discretion of judicial review and process model to the multi-interests.