Vol. 4 No. 4 (2021): Pakistan Journal of International Affairs
Articles

THE MYTH AND REALITY OF JUDICIAL ACTIVISM WITH REFERENCE TO PAKISTAN AND WESTERN COUNTRIES

Published 2021-12-31

Abstract

A judiciary is an independent body that is even unhanded, unbiased, and unprejudiced. It functions within the framework of the constitution, defined under the concept of the separation of powers. It interprets the constitution which is supreme and at times needed, supports the rule of law and the standards laid down in the constitution. Judicial Activism means the rulings of the court based on political and personal rational and prudence of the Judges presiding over the issue. It is a legal term referring to court rulings based, in part or in full, on the political or personal factors of the Judge, rather than current or existing legislation. Judges must be sometimes cautious and sometimes bold. Judges must respect both the traditions of the past and the convenience of the present Judges must reconcile liberty and authority; the whole and its parts. Impartial, independent and positive justice is the foundation of the efficiency of the government. Governance is the prerogative of the legislature being a popularly elected body of the people. The executive is responsible for the proper enforcement of the laws made by the legislature. But when the legislature does not bother about the rights and liberties of the individuals and the executive becomes apathetic in the matters of implementation of the laws, the judiciary is the only way out to act as the engine of social welfare to secure justice for every citizen in the various spheres of life whether it is child labour or environment or human rights. Judicial activism is nothing but an expanded role of the judiciary as it encompasses an area of the legislative vacuum. It is an effort to revitalize the system through the provision of simplest, fastest and inexpensive access to individual.