The fault in this lies in the motivation behind the justices’ decisions; with judicial activism, it is nearly impossible to view law as objective and free of bias. Many fear that in acting as policy makers, justices bring their own partialities and beliefs into account instead of allowing the literal interpretation of the Constitution guide their decisions. On the other hand, judicial restraint can also be used when deciding cases. Judicial restraint refers to justices interpreting the United States Constitution word for word, keeping from bringing their own beliefs or biases into account and most importantly refraining from assuming the role of policy maker. Under judicial restraint, justices work to uphold the laws that are already in place and to maintain the laws as they stand except in the event that they are blatantly unconstitutional.
The term judicial review is nothing but the procedure of examining the three wings actions such as legislative, executive and administrative law. Additional judicial review also analyze whether such actions are consistent with the constitution of the country.The doctrine of judicial review has acquired different nuances during the course of its evolution in UK, USA, and India. Its origins can be traced to UK which has no written Constitution. It has become firmly established in USA with a written Constitution establishing a federal polity. In administrative law, administrative action judicial review process has been started first from Britain.Further based on this foundation, Indian Courts built control mechanism superstructure.
Constitutional review is vital. It is the power of an establishment to nullify legislation, government decisions, and other acts of the command that violate constitutional rules, such as rights. It has been created in order to defend the omnipotence of the constitution and the rights contained within. Since Entdeckungland now will focus on the rights of the people and become a minimalist democracy, the promises for human rights to the people must be upheld, thereby possessing the need for this type of review. The new nation will follow the American Model of constitutional review, suggesting that any law can be declared unconstitutional by any judge at any time.
It is basically an attempt to describe the judicial behaviour when they are making judgments. The particular example can be seen in the decision making approach of American judge, Chancellor Kent. He described his way of making judgements as follows:”He first became himself master of facts. Then he would make a decision based on his moral sense and look up in authorities, where he would always find principles suited to his case.” For the realist priority lies on what is “right” on the facts of particular case, while legal rules only matter if they make any significant causal difference in judicial decision making. Therefore in judicial decision making everything depends on the character of the judge and his state of mind.
The power of judicial review came from the Supreme Court itself in a case called Marbury v Madison. Marbury v Madison is one of the most important cases in Supreme Court history because it gave the Supreme Court the power to void an act of Congress if it is inconsistent with the Constitution. Marbury v Madison was the first case to petition against what the branches can do and that is how judicial review was created. On February 28th, 1803, it was one of the last days John Adams was in office and he created a bunch of new judicial positions and appointed his allies to fill them. When Thomas Jefferson took office, his secretary of state, James Madison refused to give them the commissions to take the positions.
The right to speak is one of the fundamental human rights to maintain a democracy which is defined by the people. Besides that, freedom of speech is to speak without being fear of censoring. Everyone ought to know the situation of their country and have access of information in order to trust the country and the government. Additionally, protecting freedom of speech at all costs is to insulate the speech made regardless of the price that some might have to pay. Freedom of speech is indeed a basic human right, but does protecting free speech includes hate speech?
The concept of judicial independence a fundamental important in United Kingdom legal system. The concept is enshrined in Act of Settlement !701. Not only does the judicial independence form an element in the concept of the separation of power and rule of law, but also it ensure two other powers apart from Judiciary fully comply with the constitution and the law. To begin with, the concept also emphasizes the safeguards for judicial independence. It is crucial the judge is independent and impartial.
 Since judges have a duty to defend rights, they must step in and make rulings to defend such rights.  The character of judicial cognitive is not one of discretion, then, but of a duty to search a judgement based on principle that shields civil