Judicial Activism In A Comparative Perspective
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Judicial Activism In Comparative Perspective
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Author : Kenneth M. Holland
language : en
Publisher: Springer
Release Date : 1991-06-18
Judicial Activism In Comparative Perspective written by Kenneth M. Holland and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-06-18 with Law categories.
The theme of this book is judicial activism in industrialized democracies, with a chapter on the changing political roles of the courts in the Soviet Union. Eleven contributors describe the extent to which the highest courts in their country of expertise have embraced the making of public policy.
Judicial Activism In A Comparative Perspective
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Author : Fabian Schusser
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2019
Judicial Activism In A Comparative Perspective written by Fabian Schusser and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Political questions and judicial power categories.
This study investigates the phenomenon of judicial activism from a comparative perspective by examining the highest constitutional courts in India and Germany: the Supreme Court and the Bundesverfassungsgericht (Federal Constitutional Court) respectively. In addition to answering the question of what role these courts play in their countries' political institutional set-ups, the study explains to what extent they can be classed as powerful. Historical neo-institutionalism forms the study's theoretical basis, which it deploys in endeavouring to understand the courts' development and in identifying critical junctures in their histories.
The Judicial Process In Comparative Perspective
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Author : Mauro Cappelletti
language : en
Publisher: Oxford University Press, USA
Release Date : 1989
The Judicial Process In Comparative Perspective written by Mauro Cappelletti and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Business & Economics categories.
This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.
The Rights Revolution
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Author : Charles R. Epp
language : en
Publisher: University of Chicago Press
Release Date : 2020-05-14
The Rights Revolution written by Charles R. Epp and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-14 with Law categories.
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
Judicial Review And Judicial Activism
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Author : K. L. Bhatia
language : en
Publisher:
Release Date : 1997-01-01
Judicial Review And Judicial Activism written by K. L. Bhatia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Judicial review categories.
Judicial Activism
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Author : Luís Pereira Coutinho
language : en
Publisher: Springer
Release Date : 2015-05-26
Judicial Activism written by Luís Pereira Coutinho and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-26 with Law categories.
This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
Judicial Activism
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Author : Luís Pereira Coutinho
language : en
Publisher: Springer
Release Date : 2016-10-09
Judicial Activism written by Luís Pereira Coutinho and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-09 with Law categories.
This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
Judicial Activism In Bangladesh
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Author : Ridwanul Hoque
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2011-01-18
Judicial Activism In Bangladesh written by Ridwanul Hoque and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-18 with Law categories.
This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
Judicial Review And Public Policy In Comparative Perspective
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Author : Donald Wilson Jackson
language : en
Publisher:
Release Date : 1990
Judicial Review And Public Policy In Comparative Perspective written by Donald Wilson Jackson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
Courts And Judicial Activism Under Crisis Conditions
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2021-09-22
Courts And Judicial Activism Under Crisis Conditions written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-22 with Law categories.
This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.