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Jurnal KonstitusiThe discourse between the application of judicial activism or judicial restraint has become a hot issue of judicial review authority where recently the Constitutional Court through the act of judicial activism has carried out rule breaking which has ...
Geofani Milthree Saragih +2 more
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Role Of Judicial Activism In Environmentaldispute Resolution Before The State Administrative Court
Prophetic Law Review, 2021 This study examined the role of judicial activism role in resolving environmental disputes at PTUN. It provided understanding for the judges in order to create justice for both justice seeker and the environment.
Andriyani Masyitoh
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Menggagas Judicial Activism dalam Putusan Presidential Threshold di Mahkamah Konstitusi
Jurnal Konstitusi, 2022 This study aims to explain the application of judicial activism carried out by the Constitutional Court and the reasons for the need for the Constitutional Court to apply judicial activism in the presidential threshold decision through normative ...
Bagus Surya Prabowo
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Volksgeist, 2023 The practice of judicial activism, though not formally defined within the jurisdiction of the Constitutional Court (MK), is implicitly recognized as an integral element of independent judicial power. The importance of this independence is underscored as
Riris Ardhanariswari +4 more
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Pseudo-judicial Review for the Dispute over the Result of the Regional Head Election in Indonesia
Lentera Hukum, 2023 In Indonesia, the Constitutional Court has the power to decide the dispute over the result of the national election, including that of the regional head election.
Mexsasai Indra +2 more
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Does Brazil need a notwithstanding clause?
Revista de Investigações Constitucionais, 2022 In the last decade, Brazilian Supreme Court has been playing a very important role in the democratic process, raising concerns on judicial activism and on the so-called “juristocracy”. One of the ideas that comes up to tackle those issues is the adoption
Luiz Henrique Diniz Araújo
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JUDICIAL ACTIVISM AND ITS MULTIPLE DEFINITIONS
Revista Eletrônica de Direito Processual, 2021 The theme of judicial activism has grown more and more in Brazil, not existing only a few academic works, but also not so many in volume. The study intends to demonstrate the existence of the debate that has already started on Brazilian soil, with the ...
Marco Félix Jobim +1 more
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Judicial Activism at the European Court of Justice: A Natural Feature in a Dialogical Context
Tilburg Law Review, 2015 This article analyses two aspects of judicial activism at the European Court of Justice. First, four German landmark cases concerning European law demonstrate the dialogical relationship between the European Union and their member states with regard to ...
Valerie Dhooghe +2 more
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RISCOS E POSSIBILIDADES DO ATIVISMO JUDICIAL NA DEMOCRACIA
Revista Eletrônica Direito e Política, 2021 RESUMO O objetivo deste trabalho é verificar em que medida é possível conciliar ativismo judicial e democracia, considerando principalmente os desafios que se apresentam as relações sociais contemporâneas.
Rogério Gesta Leal
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Revista Brasileira de Direito Processual Penal, 2018 This essay aims to analyze judicial activism as tool of domination and decision-making. The theme of this article is the magistrate's performance as a legislator through the adoption a creative and innovative approach to criminal proceedings.
Aline Pires de Souza Machado de Castilhos +1 more
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