ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Reclaiming the Judicial Ground

The "judiciary versus executive" debate in the media has created more heat than light. Are the higher courts venturing into the domain of the legislature and increasingly entering the realm of policy? Or are they only appearing to do so even as they legitimately continue to have an activist approach in matters that need urgent judicial intervention? The challenge for the judiciary is to keep the popular faith in it going to provide the legitimacy to judicial activism.

legal principle and avoiding carefully the inuence of purely emotional appeal. For that alone gives the decision of the Court a direction which is certain, and unfaltering, and that especial permanence in legal jurisprudence which makes it a base for the next step forward in the further progress of the law4

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