Judicial Activism In The United States

In recent years, judicial activism is more and more mentioned. There is not a common point on this issue in the domestic judiciary. But the judicial activism arises from in the United States and its development cannot separate from the judicial review system that basically can reach a consensus. The absence of a constitutional review mechanism to ensure the enforcement of the Constitution, then the so-called power constraints, constitutional righteous cause of the protection of human rights are nothing but a castle in the air, the so-called fundamental law of the Constitution is just useless paper which is written Peoples’ Rights. The Federal Supreme Court is a mirror of the law’s development of the United States; the U.S. judicial activism is reflected in a typical significance of the Federal Supreme Court judgment, so to know the practice of the Supreme Court is to better grasp the true meaning of judicial activism.This article described the various historical stages of judicial activism, the development of the most representative cases and judicial decisions, contact taking the use of judicial review and judge-made law by the Supreme Court in adjudicating cases. Highlighting the special verdict on the citizen’s society and even the historic significance of the national legal system, and summarized the development trend of judicial activism. Summed up the power constraints of the U.S. Supreme Court the power to create and influence public policy through the analysis of judicial activism in the United States commence. On this basis, summing up the foundation of the existence of judicial activism in the United States, social needs, social values, and the main factors. Our country has our own historical conditions, economic conditions and political conditions, and thus might not be appropriate to copy the U.S. constitutional system of separation of powers and checks and balances. However, the essence of the thought of separation of powers and checks and balances and reasonable ingredients will be referenced by China’s internal constraint mechanism to establish the authority of government. Our society demand of the individual rights is not stronger than the American society. But conform to the purpose and objective social awareness of the need for strong and rejuvenating state of the world and the trend of the times, the community has experienced a transition from a planned economy to a market economy. Regardless of China’s production and development of the social environment of the community and the United States judicial activism today, social nature, history and tradition as well as the background of difference, but one thing is the same as the protection of individual rights of property rights as the core needs of the community’s decision factor is the market economy. Engage in market economy must be able to cultivate the social main aspirations of individual rights and such rights of the individual protection of property rights as the core needs of the community. Thus, with the construction of China’s market economy development and deepening of the social protection of individual rights of property rights as the core and the resulting need for judicial activism is bound to become stronger and stronger.