Commentary
Judicial activism. The role of the democratic legislature. The separation of powers. The creative tensions between the two. They are all substantive issues vitally important to the proper functioning of our body politic.
It is right and proper that those who make the laws are not the interpreters of those laws. So we have our parliaments legislating and the judiciary interpreting. That is the textbook version. The ideal.
In real life, the reality can be very different. The rich English tradition clearly states that the separation of powers between the legislature and the judiciary is non-negotiable.
Nevertheless, we too often witness the judiciary not upholding its oath of office by engaging in what is described as judicial activism, whereby the judge takes it upon himself or herself to interpret the law based on the outcome desired by the judge as opposed to what the law requires….