Living Constitution - Points of Contention - Judicial Activism

Judicial Activism

Another common view of the Living Constitution is as synonymous with "judicial activism," a phrase generally used to accuse judges of resolving cases based on their own political convictions or preferences.

The pejorative "judicial activism" is most commonly subjective, so it is not proper to classify all decisions made using the Living interpretation as activist. More properly, it could be argued that a Living interpretation leaves much more room for political bias than other interpretations, thus creating more opportunity for misuses of judicial power.

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