JUDICIAL ACTIVISM AS A DEMOCRATIC FORCE: ENSURING CHECKS AND BALANCES

This paper explores judicial activism as a democratic force within the context of ensuring checks and balances in governance. Judicial activism, the proactive role of the judiciary in upholding the Constitution and protecting citizens' rights, has gained importance in democracies, especially in safeguarding against abuses of power by the executive and legislative branches. By interpreting laws and sometimes expanding beyond conventional judicial review, courts play an essential role in reinforcing democratic values and responding to societal needs. Through a comparative analysis of landmark cases and international practices, this study examines how judicial activism has served as a corrective mechanism, reinforcing the judiciary’s role as a protector of constitutional integrity. It further considers criticisms of judicial overreach, emphasizing the need for a balanced approach where judicial activism respects the separation of powers while addressing governmental inadequacies. Ultimately, the paper argues that judicial activism, when exercised judiciously, fortifies democracy by upholding checks and balances, thus ensuring accountability and responsiveness in governance.