2012•SSRN Electronic JournalOpen access

Semantic Stupefaction of Judicial Activity

Ravulapati Madhavi

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Abstract

In the realm of legal world, there is a semantic sticky surmise in respect of judicial activity. In fact, the mere judicial activity is magnified as gigantic judicial activism. Literally, the terms judicial duty, judicial creativity, judicial restraint, judicial activism, judicial authoritarianism, judicial adventure, etc. are nothing but the penumbral prowess of judicial activity and the byproducts of judicial review, and in fact, they are the servile sentinels of the real people and legal sovereign, i.e., the Constitution of India. A virtuous judicial dictum that transcendents the legal justice and vignettes the absolute justice can only be accepted as judicial activism. Judiciary is not obligated to read the law in sacred isolation, but it is mandated to intertwine the judicial philosophy with the reality of life. A socially-sensitized judgment, apart from the legal reasoning, is revered as activist judgment. Judicial activism is no more an agile activity of the courts, but it is the commanding caution of the 'we the people of India'.

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In the realm of legal world, there is a semantic sticky surmise in respect of judicial activity. In fact, the mere judicial activity is magnified as gigantic judicial activism. Literally, the terms judicial duty, judicial creativity, judicial restraint, judicial activism, judicial authoritarianism, judicial adventure, etc. are nothing but the penumbral prowess of judicial activity and the byproducts of judicial review, and in fact, they are the servile sentinels of the real people and legal sovereign, i.e., the Constitution of India. A virtuous judicial dictum that transcendents the legal justice and vignettes the absolute justice can only be accepted as judicial activism. Judiciary is not obligated to read the law in sacred isolation, but it is mandated to intertwine the judicial philosophy with the reality of life. A socially-sensitized judgment, apart from the legal reasoning, is revered as activist judgment. Judicial activism is no more an agile activity of the courts, but it is the commanding caution of the 'we the people of India'.

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Available abstract

In the realm of legal world, there is a semantic sticky surmise in respect of judicial activity. In fact, the mere judicial activity is magnified as gigantic judicial activism. Literally, the terms judicial duty, judicial creativity, judicial restraint, judicial activism, judicial authoritarianism, judicial adventure, etc. are nothing but the penumbral prowess of judicial activity and the byproducts of judicial review, and in fact, they are the servile sentinels of the real people and legal sovereign, i.e., the Constitution of India. A virtuous judicial dictum that transcendents the legal justice and vignettes the absolute justice can only be accepted as judicial activism. Judiciary is not obligated to read the law in sacred isolation, but it is mandated to intertwine the judicial philosophy with the reality of life. A socially-sensitized judgment, apart from the legal reasoning, is revered as activist judgment. Judicial activism is no more an agile activity of the courts, but it is the commanding caution of the 'we the people of India'.

Key concepts: Judicial activism, Judicial opinion, Law, Political science, Judicial review, Judicial independence, Judicial restraint, Duty

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