You may have got the sense from newspapers that being an activist judge is a bad thing. Distinguished Indian academic Upendra Baxi would consider an activist judge to be a good thing. In fact, he distinguished between an activist judge and an active judge. JUDGES HAVE BEEN ACTIVISTIt’s important to understand one thing: Judges make law — especially in the legal system that Kenya inherited from England. JUDGES DON'T HAVE A FREE HANDWhile judges may have more freedom of action than you might have expected, they do not have, however adventurous they are, a totally free hand.
Source: The Star June 05, 2021 05:48 UTC