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

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Judicial Activism Judicial Review and Judicial Activism Prasit Piwawattanapanich Lecturer at the Faculty of Law, Thammasat University The idea of judicial activism was first developed in the United States of America. Academics still debate the definition of judicial activism because different scholars interpret the meaning of the term differently. Notably, the early study of judicial activism was of interest to American political scientists who wanted to evaluate whether judges’ deliberation processes were free from political influence (in general meaning). Political scientists use the behavioural or structural approaches to achieve a better understanding of the court system by considering judge recruitment processes and career paths, as well power relationships concerning the courts, particularly in the American federalist system. Additionally, the idea of judicial activism was created at the same time as the 145
146 KPI Congress XI idea of judicial restraint, which means courts should not rule on cases that are matters of executive policy, or political. Therefore, the idea of judicial activism and the idea of judicial restraint are opposite sides of the same coin. Interestingly, only judicial activism is mentioned in Thai society, without any comment about judicial restraint. Although, the definition of judicial activism is still debated among scholars, it is generally accepted that the high court (which may refer to a high court or Constitution Court) interprets the law under the constitution in order to protect the rights and freedoms of people. The role of controlling and examining the lawfulness of the law under the constitution, or any action, in this sense is called judicial review. However, judicial activism does not intend to go too far in using the court system to resolve political conflicts.
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Conflict, Legitimacy and Government
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