Of course. The habitual narrow interpretations of law stunts its growth as society matures. Broader interpretations allow the courts to render decisions that are more in step with modern culture and changing views. For example, modern interpretations are making it more and more difficult for some jurisdictions to justify discrimination against individuals for reasons of race, gender, ethnicity, sex, sexual orientation, etc.
Judicial Activism
Judicial activism weakens the separation of powers by involving the Court in what are traditionally executive and legislative functions. Judicial restraint reinforces separation of powers.
The main types of contrasting judicial philosophies include judicial activism versus. Versus strict constructionism, and living document versus original intent.
To hell with Pakistan and you...
judicial activism!
judicial restraintFor more information, see Related Questions, below.
for its period of Judicial Activism
Judicial activism was used because the Court ruled that the school policy prohibiting the students from wearing the arm bands to protest symbolically the Vietnam War violated the students' free speech rights. By overturning a policy of the government (the public school's policy), the Court exercised judicial activism.
A person who favors judicial activism is one who prefers a decision to be made via a personal opinion, rather than focusing on the law. A person who does this is considered unlawful or a federalist.
Judicial restraint is the theory that judges should limit their exercise of power and strike down laws only when they are obviously unconstitutional, and always follow precedents set by older courts. Judicial activism is the opposite view, and is sometimes meant to imply politically motivated judicial decisions.
The Warren Court, which was active from 1953 until Chief Justice Earl Warren retired in 1969, is often accused of judicial activism for its many decisions supporting African-Americans' civil rights. Whether they believed they were judicial activists or not is unknown.
Neither. The court simply ruled that people need to be advised of rights they had always been entitled to. --- Activism, because the Court invented a new rule. They used their power broadly to further justice instead of just allowing the decisions of the other branches of government to stand. It's true that their rights were already there, but that's not the determining factor of Judicial activism/restraint.