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Conflict, Legitimacy and Government Reform: Equitable Allocation of ...

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Judicial Activism<br />

Judicial Review <strong>and</strong> Judicial Activism<br />

Prasit Piwawattanapanich<br />

Lecturer at the Faculty <strong>of</strong> Law, Thammasat University<br />

The idea <strong>of</strong> judicial activism was first<br />

developed in the United States <strong>of</strong><br />

America. Academics still debate the<br />

definition <strong>of</strong> judicial activism because<br />

different scholars interpret the meaning <strong>of</strong><br />

the term differently. Notably, the early study<br />

<strong>of</strong> judicial activism was <strong>of</strong> interest to<br />

American political scientists who wanted to<br />

evaluate whether judges’ deliberation<br />

processes were free from political influence<br />

(in general meaning). Political scientists use<br />

the behavioural or structural approaches to<br />

achieve a better underst<strong>and</strong>ing <strong>of</strong> the court<br />

system by considering judge recruitment<br />

processes <strong>and</strong> career paths, as well power<br />

relationships concerning the courts,<br />

particularly in the American federalist<br />

system.<br />

Additionally, the idea <strong>of</strong> judicial<br />

activism was created at the same time as the<br />

145

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