Judicial activism is a term pertaining to courts that create new laws based on their own personal preferences, their own
ideologies, and their own assessments of what society needs rather than simply interpreting existing law.
activism also occurs when courts do not limit their rulings to the
particular disputes that have been brought before them, but instead
establish new laws to apply to issues that are much broader.
By their activism, jusdges usurp the powers that rightfully belong to
elected legislators, and they circumvent the normal process by which
laws are enacted. At its heart, judicial activism at the federal
level rests upon the
notion that the Constitution is an “evolving” or “living” document, malleable and impermanent and therefore needing to change
with the times and with the needs of society – as those needs are
perceived by particular judges.