Judicial Activism vs. Judicial Restraint in Developing Democracies: A Comparative Study

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Comparative study explores judicial activism and restraint in India, Pakistan, and South Africa, suggesting a hybrid approach.

Judicial activism protects fundamental rights and addresses institutional gaps in developing democracies.
Judicial restraint enhances long-term legitimacy while respecting legislative authority in politically unstable contexts.
The study analyzes the balance between judicial activism and restraint using legal realism and public interest theory.
Adopting a hybrid approach is crucial for sustaining democracy and maintaining public trust in judicial systems.

Bakhsh et al. (2025) studied this question.

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