Judicial activism is a phenomenon where judges, especially in higher courts, actively participate in shaping public policy by interpreting the law beyond its original meaning and selectively choosing which laws to enforce. This concept is essential in understanding how the judiciary can have a significant impact on the decision-making process, influencing public policies and shaping society’s values and morals. As such, it is an essential area that needs to be taught to students.
Introducing the concept of judicial activism to students is crucial in their understanding of legal systems and formulating their opinion. The students need to comprehend the role of the judiciary in society, its limitations, and the extent of power it wields. At the same time, it provides them with a better understanding of the rule of law and how it applies in specific contexts.
Teaching students about judicial activism presents the perfect opportunity to stimulate critical thinking and encourage intellectual curiosity. This is because judicial activism is often a highly subjective topic, making it an ideal platform for lively classroom debates. The students can delve into case examples to examine how judges interpret the law and the effects of their decisions in society. Moreover, students can analyze the possible consequences of judicial activism on issues such as liberty, equality, and individual rights.
One of the best ways to teach judicial activism is through case review. Teachers can use historical and recent court decisions to illuminate the concept, demonstrating how judicial activism has been a force of change in societies over time. For example, reviewing the famous ‘Brown v. Board of Education’ case can teach students how judicial activism helped in the fight against segregation, which proved to be a landmark decision in the US civil rights movement. Likewise, analyzing Roe v. Wade, a case that tackled reproductive rights, allows students to understand how judicial activism can protect the privacy and autonomy of individuals when enshrined laws fail to do so.
Additionally, teaching judicial activism provides students with an excellent opportunity to explore the relationship between the three branches of government. Students will develop an understanding of checks and balances, the importance of balance between the judiciary, the executive, and the legislative arms of government. Students will also learn the significance of holding the judiciary accountable for their decisions, as well as the constraints and limitations of judicial activism.
In conclusion, introducing the concept of judicial activism to students is crucial in creating informed citizens. It helps students understand the political, social, and legal implications of court decisions and how they shape our society. Moreover, it presents an opportunity for students to engage in debates, critical thinking, and reflection, making them more ethical, well-rounded individuals. Teachers should seize this opportunity and ensure that students learn about judicial activism as part of their civic education.
