The judicial activist

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In 1993, political scientist Gerald Rosenberg published a book on the American court system titled The Hollow Hope: Can courts bring about social change? At that time, Rosenberg's answer to the titular question was negative, and he argued that courts are constrained by a multitude of factors – institutional, ideological and structural. Over the last two decades, however, judges throughout the world have become increasingly active in promoting 'non-justiciable' vrights – those issues that by traditional practice cannot be settled by a court of law.

Judges in India, Brazil and South Africa have ruled in favour of rights to health, education, better environment and housing, and women's rights, among others. Such actions have prompted some scholars to note the "decline and fall of parliamentary sovereignty", the "global expansion of judicial power", and even the creation of a "juristocracy". Indian judges have stormed ahead, issuing judgements on seemingly every question imaginable, including the sealing of illegal urban constructions, affirmative action in educational institutions, religious freedom, alcoholism and pollution, and even castigating the behaviour of governors and parliamentarians.

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Himal Southasian
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