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Article summary:
1. The article explores the concept and development of judicial activism in the United States of America and Pakistan, with a focus on the Islamization of laws and its impact on judicial activism.
2. It discusses the rationale for successful transition of judiciary in the USA, emphasizing the importance of checks and balances in maintaining judicial authority and standards for exercising judicial review.
3. The article highlights the risks associated with excessive use of judicial activism in Pakistan and proposes implementing the US model of judicial self-restraints to strike a fair balance among state organs and ensure democratic consolidation and constitutionalism.
Article analysis:
The article titled "The Concept, Philosophy, and Development of Judicial Activism: A Case Study of USA and Pakistan" by Zaheer Iqbal Cheema, Bakht Munir, and Jawwad Riaz provides an in-depth analysis of judicial activism in the United States and Pakistan. The authors explore the origins of judicial activism, its development over time, and its implications for both countries.
One potential bias in the article is the focus on the US model of judicial self-restraint as a successful example to follow. While it is important to consider successful models, it is also crucial to acknowledge the limitations and challenges faced by different legal systems. The authors could have provided a more balanced perspective by discussing both the strengths and weaknesses of the US model.
Additionally, the article lacks a thorough examination of potential risks associated with judicial activism in both countries. Judicial activism can sometimes lead to accusations of overreach or interference with legislative functions. It would have been beneficial for the authors to address these risks and propose strategies for mitigating them.
Furthermore, the article could benefit from exploring counterarguments to their claims about judicial activism. By presenting alternative perspectives, the authors could provide a more comprehensive analysis of the topic.
The article also contains some unsupported claims, such as stating that absolute authority without reasonable control is never a good experience. While this may be a commonly held belief, it would have been helpful for the authors to provide evidence or examples to support this assertion.
Overall, while the article offers valuable insights into judicial activism in the US and Pakistan, there are areas where it could be improved by addressing biases, providing more balanced perspectives, acknowledging risks, supporting claims with evidence, exploring counterarguments, and avoiding one-sided reporting.