Exploring the Nexus between Judicial Activism and Good Governance: A Comparative Analysis

Abstract

This paper aims to investigate the intricate relationship between judicial activism and good governance through a comparative analysis. Judicial activism refers to the active role of the judiciary in shaping public policy and influencing social change. On the other hand, good governance encompasses principles such as transparency, accountability, and the effective delivery of public services. Understanding how judicial activism impacts good governance is crucial for assessing the overall health and functioning of a democratic society. The study employs a comparative approach, examining the experiences of different countries and their judicial systems. By analyzing case studies and judicial decisions from various jurisdictions, the paper seeks to identify patterns and trends regarding the effects of judicial activism on good governance. The analysis will consider both positive and negative outcomes, examining instances where judicial activism has either enhanced or hindered good governance principles. The research will explore the potential benefits of judicial activism in promoting good governance, such as the protection of fundamental rights, checks and balances on the executive branch, and the advancement of social justice. Conversely, it will also investigate the potential risks associated with excessive judicial activism, including potential infringement on the separation of powers, judicial overreach, and erosion of democratic processes. Additionally, the paper will examine the factors that contribute to a conducive environment for judicial activism to flourish, such as an independent judiciary, a robust legal framework, and public trust in the judiciary. It will also consider the role of public opinion, civil society, and political dynamics in shaping the relationship between judicial activism and good governance. By conducting a comparative analysis, this study aims to provide a comprehensive understanding of the nexus between judicial activism and good governance. The findings will contribute to the ongoing discourse on the role of the judiciary in democratic societies and inform policymakers, legal practitioners, and scholars about the potential implications of judicial activism on the overall governance framework.