Judicial Activism and its Political Impacts: A Comparatively Analysis Pakistan and USA

Abstract

This study examines the ways in which judicial activism influences public policy, upholds democratic norms, and addresses social and political issues in Pakistan and the US. Judicial activism, or the judiciary's proactive approach, has produced significant reforms in both countries. In the United States, landmark decisions such as Roev. Wade and Brown v. Board of Education have influenced social policy and civil rights. Following the attorneys' movement, judicial activism gained popularity in Pakistan, leading to the restoration of the judiciary and a renewed focus on the importance of the constitution. However, problems like judicial overreach, governmental interference, and political instability make the judiciary's job in Pakistan more difficult. The paper emphasizes that Pakistan's judiciary functions in a more unstable political environment, necessitating a careful balance between restraint and proactive action, whereas the US court has primarily shaped judicial activism through adherence to precedent and judicial independence.