Judicial Activism and the Multicentricity of the Legal System

Absztrakt

Judicial activism arises when a judge makes a choice that reflects his or her own decision rather than a choice determined by the legislator. In judicial activism of a political nature, courts assume responsibility for resolving social problems, often through hidden activism, presenting judicial choices as if they were compelled by legal provisions. Such activism challenges the separation of powers by replacing legislative value judgments with judicial ones while portraying them as constitutionally mandated. It has created a new dimension of legal multicentricity: rather than coexisting, the judicial branch competes with the legislative branch within the same normative space. In this confrontational model, courts effectively displace legislative decisions with judicially created norms claimed to derive from the Constitution.