The judiciary has been assigned active role under the constitution. Judicial activism and judicial restraint are facets of that uncourageous creativity and pragmatic wisdom. 1
The concept of judicial activism is thus the polar opposite of judicial restraint. Judicial activism and judicial restraint are the two terms used to describe the philosophy and motivation behind some judicial decision. At most level, judicial activism refers to a theory of judgment that takes into account the spirit of the law and the changing times, while judicial restraint relies on a strict interpretation of the law and the importance of legal precedent.
Cite this article:
Kamalnath Nayak. Judicial Activism Vs. Judicial Restraint : Judicial Review. Int. J. Rev. and Res. Social Sci. 4(2): April - June, 2016; Page 107-111.