Dangers of Judicial Activism in Australian Courts

Paper Summary:

This paper defines and explains the concept of judicial activism and its origins. It then examines the dangers of judicial activism, particularly in the Australian system of justice. Finally, the paper briefly discusses a few cases that exemplify judicial activism in Australia. The paper concludes that judicial activism is unlawful and unconstitutional and explains why.

Table of Contents:
Defining Judicial Activism
Origin of the Term
Judicial Activism and its Dangers
Cases Exemplifying Judicial Activism in Australia
Conclusion

From the Paper:

"The unconstitutional judicial meddling in legal matters and the political arena is a deep-seated threat to the democratic system and the law. The rule of law is of paramount importance and its significance should be maintained. Judges are to be unbiased and objective in its application and refrain from pushing their personal social and political agenda. They should not forget their purpose: to serve the people and the laws made by the people with neutrality and impartiality, and not modify laws. But, sadly, that has been the case for some time now. Judges should be aware that their role, as judges, although important is limited. They should understand and withhold the proper role of the judiciary. Courts should focus solely on applying laws, not on making them."

Sample of Sources Used:

• Callinan, I. (1997). Judicial Activism. Brisbane: Bar Association of Queensland.
• Anderson, Gary L. & Herr, Katherine (2007). Encyclopedia of Activism and Social Justice. Three Volume Set. Thousand Oaks: Sage Publications, Inc.
• Black, H. C. (2005). Judicial Activism - Black's Law Dictionary: Abridged Version (Dictionary). United States of America: West Publishing Company.
• Cover, R. (1982). Origins of judicial activism in the protection of minorities. Yale Law Journal, 91(7), 26.
• Cliff, W. (1990). Australian Federalism: Development and Prospects. Publius: The Journal of Federalism, 20(4), 1-17.

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