one main reason that India needs a judicial system because it is a democracy. people's issues and complains when raised should be settled with justice. judiciary acts as a check on the legislature and executive ( organs of the state) . a country also needs to make sure that its as well as the people's problems are solved properly providing justice to those who deserve them and punishing others.
(in India the Supreme court is the highest. each state is divided into districts and each of these has a district court to look into the problems of the people in that particular area. the high court is the highest court in a state.)
Judicial Activism
judicial activism
The Supreme Court's primary focus is to determine if a law is constitutional. To do this, it follows certain philosophies to help it come to a decision. These philosophies are loose or strict constructionism, judicial restraint and judicial activism.
A : To what extent should the supreme court work to promote social progress ?
Chief Justice John Marshall
it was a plan called the "southern strategy"
it was a plan called the "southern strategy"
Chief Justice Earl Warren (1953-1969)
(note: this explanation assumes understanding of several U.S. landmark cases) Judicial activism is closely tied with the personal standpoint of "liberal." It is basically being more "activist" or more in turn with "adding" to the U.S. Constitution rather than merely interpreting it (judicial restraint). Three major cases that have been touted as judicial activism abuse include Roe v. Wade, Lawrence v. Texas, and Brown v. Board of Education (abortion, homosexuality, and racial segregation, respectively). Without judicial activism, the U.S. would still be stuck with the Dredd Scott decision and Plessy v. Ferguson, regarding African Americans' rights. Without judicial activism, Lochner v. New York would stand as a legal precendent, and the minimum wage would be illegal on the basis that it violates the right to business contracts. Additionally, it could be argued that judicial activism is necessary because it is difficult to decide court cases based on the U.S. Constitution when the framers' are long dead, their intent unknown, and the Constitution written in an age before the modern or digital age.
The Supreme Court of the United States is head of the Judicial branch.
Yes, the Supreme Court is part of the Judicial Branch.
Massachusetts Supreme Judicial Court was created in 1692.