Results 11 to 20 of about 464,184 (348)

Judicial Activism and Judge-Made Law at the ECtHR

open access: yesHuman Rights Law Review, 2023
This paper contributes to an ongoing debate concerning the perceived judicial activism of the European Court of Human Rights (ECtHR). It argues that the output of the Court should be better viewed as the phenomenon of judicial law-making, not unlike in
Maro Bosnjak, K. Zajac
semanticscholar   +3 more sources

Judicial Activism at the European Court of Justice: A Natural Feature in a Dialogical Context

open access: yesTilburg 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
doaj   +3 more sources

Reconceptualizing Judicial Activism: Intervention Versus Involvement in the Israeli Supreme Court

open access: yesJournal of Law and Empirical Analysis
The paper conceptualizes two distinct yet interconnected modes of judicial activism: courts as intervening in the policies and actions of other branches of government and courts as involved in their policymaking process.
Keren Weinshall
semanticscholar   +3 more sources

RISCOS E POSSIBILIDADES DO ATIVISMO JUDICIAL NA DEMOCRACIA

open access: yesRevista 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
doaj   +1 more source

Investigating Judicial Activism in Pakistan: Analyzing Significant Precedents in the Promotion of Environmental Sustainability

open access: yesJournal of Religious and Social Studies, 2023
Within the context of ecological conservation, the function of the judiciary has become increasingly significant as a powerful institution. The ever-changing terrain of judicial activism in Pakistan is a debatable matter, with a particular emphasis on ...
M. Saleem, Aqsa Tasgheer, Tehreem Fatima
semanticscholar   +1 more source

Brief essay about the legitimacy of judicial activism in criminal procedure: limits and consolidation as legal practice

open access: yesRevista 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
doaj   +1 more source

China Since Tiananmen: The Labor Movement [PDF]

open access: yes, 2009
[Excerpt] The twenty years since 1989 have brought two major developments in worker activism. First, whereas workers were part of the mass uprising in the Tiananmen movement, albeit as subordinate partners to the students, labor activism since then has ...
Friedman, Eli D, Kwan Lee, Ching
core   +2 more sources

Judicial Activism as an Essential Tool for the Protection and Expansion of Human Rights in India

open access: yesKutafin Law Review, 2023
The Indian judiciary has been the sentinel of democracy and assiduously upholds the values of Indian constitutionalism. Thus, the Court is the interpreter, protector, and guardian of the Indian Constitution.

semanticscholar   +1 more source

Editorial: Mendudukan Kembali Judicial Activism dan Judicial Restraint dalam Kerangka Demokrasi

open access: yesPadjadjaran: Jurnal Ilmu Hukum, 2017
Judicial activism dan judicial restraint menjadi topik hangat pasca Putusan Mahkamah Konstitusi Nomor 46/PUU-XIV/2016 yang menolak permohonan perluasan makna dari Pasal 284, Pasal 285, dan Pasal 292 Kitab Undang-Undang Hukum Pidana (KUHP).
Atip Latipulhayat
doaj   +1 more source

Opportunity to utilize the citizen lawsuit mechanism for environmental protection [PDF]

open access: yesE3S Web of Conferences, 2023
Citizen lawsuits have become an adequate mechanism to control government actions related to environmental issues. The dynamics of citizen lawsuit decisions are developing positively, but behind the absence of regulation, the pattern of decisions is ...
Hermawan Sapto   +2 more
doaj   +1 more source

Home - About - Disclaimer - Privacy