Between Text and Transformation: Judicial Activism and Judicial Overreach in Constitutional Interpretation

Paper Code: AIJACLAV09RP2026

Category: Research Paper

Date of Publication: Sep 10, 2026

Author Details

Mr. Ajith Kumar V, Student, LL.M. (Constitutional Law), School of Legal Studies, CMR University

Between Text and Transformation: Judicial Activism and Judicial Overreach in Constitutional Interpretation

Abstract

The judiciary in modern constitutional democracies is an aspect that is significant in the interpretation of the Constitution and guarding of individual rights. Courts have over times gone beyond the strict reading of the law and have taken a more proactive approach and is commonly referred to as judicial activism. In this paper, the researcher will discuss the distinction of judicial activism and judicial overreach using the perspective of constitutional interpretation. It describes the effects of various approaches to the interpretation of texts like the textual and purposive approaches on the decision of the judiciary. The paper illustrates that judicial activism may be effective in the expansion of rights and delivery of justice particularly to the marginalized groups in the society. However, when courts go too far and interfere in the functions of the legislature or executive it may disturb the balance of power. The paper will also cover the concept of constitutional morality and its application in the courts to act as a justification of their rulings. Although this notion is in favor of progressive judgments and it may even result in uncertainty when not used with caution. Hence there is a need to keep measures on judicial authority. The paper has determined that there should be a balance between activism and restraint. Courts are supposed to defend rights, but these are also expected to uphold the functions of other arms of government. A middle ground will assist in the maintenance of justice as well as democracy.

Keywords: Judicial Activism, Constitutional Interpretation, Judicial Overreach, Separation of Powers, Constitutional Morality, Judicial Review.