WHAT DOES JUDICIAL ACTIVISM INTERTWINE WITH ABORTION?
define judicial activism first and try again
The term "Judicial Activism" is in itself - prejudicial. It is being used as a negative term by both political parties to attack the activites of courts when they do not make decisions as various people believe they should. It accuses the court of taking on executives powers as opposed to being a panel of judges. This site will give you a good definition of the term. The sites below it are examples of OPINIONS...accusing the Supreme Court of practicing "judicial activism"
http://writ.news.findlaw.com/dean/20050617.html
Opinions:
http://www.family.org/socialissues/A000000653.cfm
http://atheism.about.com/b/2004/11/16/judicial-activism-and-abortion.htm
http://www.speakout.com/activism/abortion/
http://media.www.dailytexanonline.com/media/storage/paper410/news/2004/10/15/Opinion/roe-Example.Of.Judicial.Activism-754535.shtml
http://www.thenation.com/doc/20020722/nichols
Judicial activism refers to a judicial philosophy or approach where judges interpret and apply the law in a way that goes beyond the literal meaning of the Constitution or statutes. It involves using personal or political beliefs to shape legal decisions and to guide the direction of public policy.
The connection between judicial activism and abortion arises from the fact that the legality of abortion in many countries, including the United States, is largely determined by court decisions rather than explicit legislation. In the case of the United States, the landmark Supreme Court case of Roe v. Wade in 1973 established a constitutional right to abortion.
The Roe v. Wade decision is often cited as an example of judicial activism because it went beyond the text of the Constitution to create a new legal right. The Court majority found a right to privacy in the Constitution and interpreted it to encompass a woman's right to choose to have an abortion. This decision has been influential in shaping abortion laws and policies in the United States, and subsequent court cases have further elaborated on the limits and regulations that can be placed on abortion rights.
Critics of judicial activism argue that the Roe v. Wade decision was an example of judges overstepping their authority by making policy decisions that should be left to elected representatives. They argue that the issue of abortion should be decided through democratic processes and not through judicial interpretation.
It is important to note that the concept of judicial activism and its connection to abortion is a complex and debated topic. Different individuals and scholars may have varying perspectives on this issue depending on their legal, political, or philosophical viewpoints.