Judicial activism can be a double-edged sword. While it swiftly penalized Brazil’s Jair Bolsonaro for election misinformation that stoked violence, it’s resulted in anti-choice laws in the U.S.
The issue of whether judges should exercise judicial activism or judicial restraint revolves around the doctrine of separation of powers and the proper remit of judicial power in a democracy.
Doug Ford’s wielding of the notwithstanding clause is part of a broader opposition to judicial activism that has developed among right-wing politicians and academics in the post-Charter era.
It’s election season in Pakistan, and the Supreme Court is at war with the ruling party. Many Pakistanis wonder whether the nation’s top judge is cleaning up government or staging a judicial coup.
An appeals court ruling against popular Brazilian ex-president Lula has hotly divided Brazil. A legal scholar argues that this is a case of activist judges taking their anti-graft crusade too far.