- originates from USA
- coined by historian Arthur Schlesinger, Jr. in 1947
- proactive role of the Judiciary in protecting the rights of citizens
Criticism
- violates ==Article 50==: Separation of powers
- impinges on Parliament right given as per people’s mandate
- potential threat to democracy
- judges are NOT elected officials
- fear of judicial overreach
- potential for judicial bias
- can lead to policy uncertainty
- non expertise of judges in certain matters
- leads to 3rd chamber of legislature
Benefits
- needed when exec & legis fail to act in public interest
- upholds public interest, rights of minorities, vulnerable groups
- novel interpretations of laws to address contemporary challenges
- guards against executive excesses