Analysis Judicial Activism In The United States

The U.S. judicial activism is not just the Federal Supreme Court’s judicial philosophy, and itsinherent dynamic operating mechanism of the American constitutional government. U.S. judicialactivism is built into the context of constitutional review, and then from the context of theconstitutional review authority and constitutional influence. From the perspective of legitimacy,constitutional interpretation, pragmatism and so the justification for judicial activism in the UnitedStates, whether practitioners or academics from the United States, the new default of the judiciary alsoaffect the people of the Federal Supreme the attitude of the court. But from the history and currentsituation of the entire functioning of the judiciary, judicial activism is profoundly influenced by theconstraints of the U.S. constitutional practice and judicial practice, corresponds to judicial restraint isstill deep and even the nature of the impact. On this basis, the U.S. judicial activism in terms of theconstitutional level or from the rule of law level are profound impact on American culture. FederalSupreme Court can be seen as a lame philosopher-king, the constitutional operation of the final shapeof the philosopher-king role, but a fundamental limit its dangers.