Which statement best reflects a weakness of judicial activism?

Which statement best reflects a weakness of judicial activism?

• A. Can lead to changes in law that may not reflect community values
• B. Ensures all decisions reflect community values
• C. Always reduces the number of appeals
• D. Has no risk of affecting parliamentary sovereignty

Answer: (A)

Judicial activism involves judges taking a more proactive role in shaping the law, sometimes adopting broad interpretations to pursue social change. A key weakness of this approach is that it can produce changes in the law that may not reflect the values of the broader community, since it relies on judges’ interpretations rather than elected representatives’ preferences. The idea that decisions will always reflect community values is more of a strength than a weakness and isn’t guaranteed in practice. The notion that activism always reduces appeals isn’t accurate—activist decisions can generate more disputes and more appeals. And the belief that there’s no risk to parliamentary sovereignty is false, because activism can encroach on or limit Parliament’s legislative role. So the statement that best captures a weakness is that it can lead to changes in law that may not reflect community values.

Judicial activism involves judges taking a more proactive role in shaping the law, sometimes adopting broad interpretations to pursue social change. A key weakness of this approach is that it can produce changes in the law that may not reflect the values of the broader community, since it relies on judges’ interpretations rather than elected representatives’ preferences. The idea that decisions will always reflect community values is more of a strength than a weakness and isn’t guaranteed in practice. The notion that activism always reduces appeals isn’t accurate—activist decisions can generate more disputes and more appeals. And the belief that there’s no risk to parliamentary sovereignty is false, because activism can encroach on or limit Parliament’s legislative role. So the statement that best captures a weakness is that it can lead to changes in law that may not reflect community values.