Toward Increased Judicial Activism
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Toward Increased Judicial Activism
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Author : Arthur Selwyn Miller
language : en
Publisher: Praeger
Release Date : 1982-10-25
Toward Increased Judicial Activism written by Arthur Selwyn Miller and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982-10-25 with Law categories.
Measuring Judicial Activism
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Author : Stefanie Lindqquist
language : en
Publisher: Oxford University Press
Release Date : 2009-04-23
Measuring Judicial Activism written by Stefanie Lindqquist and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-23 with Law categories.
'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
Judicial Activism
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Author : Christopher Wolfe
language : en
Publisher: Rowman & Littlefield
Release Date : 1997
Judicial Activism written by Christopher Wolfe and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University
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 Activism And The Democratic Rule Of Law
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Author : Sonja C. Grover
language : en
Publisher: Springer Nature
Release Date : 2020-02-17
Judicial Activism And The Democratic Rule Of Law written by Sonja C. Grover and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-17 with Law categories.
In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.
Radical Deprivation On Trial
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Author : César Rodríguez-Garavito
language : en
Publisher: Cambridge University Press
Release Date : 2015-10-22
Radical Deprivation On Trial written by César Rodríguez-Garavito and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-22 with Law categories.
Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.
Measuring Judicial Activism
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Author : Stefanie A. Lindquist
language : en
Publisher:
Release Date : 2009
Measuring Judicial Activism written by Stefanie A. Lindquist and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Electronic books categories.
'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
The New Judiciary
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Author : Kate Malleson
language : en
Publisher: Routledge
Release Date : 1999
The New Judiciary written by Kate Malleson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
During the last thirty years, the judiciary has undergone an unprecedented expansion in its size and power. This book reviews the resultant changes to judicial training, the judicial appointments process and the scrutiny of judges' performance in the light of the expansion in size and growing political power of the judiciary.
On The Limits Of Constitutional Adjudication
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Author : Juliano Zaiden Benvindo
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-07-23
On The Limits Of Constitutional Adjudication written by Juliano Zaiden Benvindo and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-23 with Philosophy categories.
Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the author confronts Robert Alexy’s defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.
The Most Activist Supreme Court In History
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Author : Thomas M. Keck
language : en
Publisher: University of Chicago Press
Release Date : 2004-10-08
The Most Activist Supreme Court In History written by Thomas M. Keck 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 2004-10-08 with Political Science categories.
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.