Are the Courts Running Wild? - Judicial Activism in a Comparative Analysis

Abstract

The following article is about the phenomenon "judicial activism". The phrase "judicial activism" originates from the Anglo-American legal terminology. It plays an important role when discussing the importance and influence of the respective highest judicial authority in a country. However, also lower courts can become judicially activist. Through a comparison of the judicature of the US Supreme Court, the German Federal Constitutional Court and the European Court of Justice, this article points out the characteristics of judicial activism, differences and similarities among the three different courts and evaluates judicial activism. At the same time, the article provides an overview over some of the most important judgments of the courts belonging to this matter.