JUDICIAL ACTIVISM AND PRINCIPLES OF LEGAL INTERPRETATION

Abstract

This study investigates the phenomenon of judicial activism and its adverse impact on the criminal justice process. Judicial activism, characterized by judges' expansive and proactive interpretation of the law, raises critical questions about the separation of powers and the integrity of the legal system. The research explores the negative effects of judicial activism, including the lack of predictability in judicial decisions, the potential for personal bias, the delegitimization of the judicial system, and process inefficiency. Through the analysis of landmark cases and a critical review of the literature, this work aims to provide a comprehensive understanding of the challenges faced in striking a balance between legal interpretation and justice within the context of criminal proceedings.Translate, in especially to analyze Article 385 of the Criminal Procedure Code, which authorizes the judge to issue a guilty verdict in conflict with the opinion of the public prosecutor who advocates for acquittal.