The Myth of Judicial Activism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Myth of Judicial Activism write by Kermit Roosevelt. This book was released on 2008-01-01. The Myth of Judicial Activism available in PDF, EPUB and Kindle. Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
Judicial Activism and the Democratic Rule of Law
Judicial Activism and the Democratic Rule of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Activism and the Democratic Rule of Law write by Sonja C. Grover. This book was released on 2020-02-17. Judicial Activism and the Democratic Rule of Law available in PDF, EPUB and Kindle. 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.
Judicial Activism
Judicial Activism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Activism write by Luís Pereira Coutinho. This book was released on 2015-05-26. Judicial Activism available in PDF, EPUB and Kindle. 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.
Measuring Judicial Activism
Measuring Judicial Activism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Measuring Judicial Activism write by Stefanie Lindqquist. This book was released on 2009-04-23. Measuring Judicial Activism available in PDF, EPUB and Kindle. '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 in Bangladesh
Judicial Activism in Bangladesh - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Activism in Bangladesh write by Ridwanul Hoque. This book was released on 2011-01-18. Judicial Activism in Bangladesh available in PDF, EPUB and Kindle. 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)
