According to the United States Constitution, it can be quoted that “The judicial Power of the United States shall be vested in one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish.” Janda also mentioned that “judicial Power shall extend to all Cases in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.”
According to the constitution, the Justices of the Supreme Court of the United States have the power to interpret the different angles of the constitution, along with the different laws and treaties that are presented before the law. In the cases where some people promote the factors of judicial restraint, they believe in the aspect that the courts can uphold all the acts of Congress or anyone who is capable of promoting any law. The courts can review all the judicial procedures, and they even can interpret different laws, but it is not necessary that the courts intervene in the policymaking processes.
In the case of judicial activism, the judges can exercise their powers in aspects like correcting injustice in different cases. One of the very important roles played by the courts can be the shaping of social policies. Sensitive issues that prevail in the United States like civil rights, the rights of the minority people, along other aspects are being looked at by the courts.
Judicial activism is one of the very important parts that are being played by the courts. Some claim that the job of the judges is to make laws that can run a state; it is not the duty of the court to interpret the laws. Sometimes they claim that judicial activism is an abuse of constitutional powers. But it is necessary to correct the injustice by the court and legal procedures. The social changes that come along with the right installing of judicial activism are really helpful in the prospect of shaping a nation.
It can be said that judicial activism does not create policy as the legislatures. To be more precise, it is a part that shapes the policies. And also, it is said that the acts try to interpret the constitution in a new light. This is the most important part of the judicial activism process.