Judicial Review and Judicial Activism

While judicial review is the fundamental power of the courts to invalidate unconstitutional laws, judicial activism takes this power further by actively engaging in policy matters. This approach involves an expansive interpretation of the Constitution to remedy social injustices and address issues where legislative or executive actions may be lacking.

Courts practicing judicial activism not only check the excesses of state power but also contribute to the development of law by setting precedents that reflect contemporary societal needs. For example, interventions in cases related to the right to privacy and environmental regulations have showcased a willingness to reinterpret legal provisions in light of modern challenges. This blending of judicial review with activist principles ensures that the law remains dynamic and responsive.

Ultimately, this approach seeks to harmonize the protective function of judicial review with a commitment to achieving substantive justice.