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VOL. 10, ISSUE 4 (2024)
Critical appraisal of judicial creativity
Authors
Akshita Sharma
Abstract
In the case of Obergefell v. Hodges, the
United States judiciary legalized same-sex marriage, which blatantly reflected
judicial creativity. This judgment highlighted the notion of judicial creativity,
referring to the judiciary's ability to interpret laws to satisfy the needs of
an ever-changing society. In simpler terms, judicial creativity refers to the
ability of judges to interpret the law and apply it in novel and innovative
ways to fathom complex issues whose answers can't be deciphered in precedents
or legislations. This landmark decision not only addressed the immediate issue
of marriage equality but also set a precedent for future cases, showcasing the
judiciary's role in adapting legal interpretations to contemporary social
values. It underscored the importance of judicial innovation in ensuring that
the law remains relevant and effective. In the paper below, we will decipher
important instances of judicial creativity and its constitutional
interpretation, illustrating how judicial creativity manifests in the justice
system and exploring the implications of such innovative legal reasoning for
future jurisprudence.
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Pages:126-128
How to cite this article:
Akshita Sharma "Critical appraisal of judicial creativity". International Journal of Law, Vol 10, Issue 4, 2024, Pages 126-128
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