Results 211 to 220 of about 1,047 (258)
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1990
Abstract Social change since the last world war, driven by heightened expectations of social welfare, affluence, and technological progress, has been putting the legal system under hitherto unparalleled pressure to accommodate itself to this changing vision.
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Abstract Social change since the last world war, driven by heightened expectations of social welfare, affluence, and technological progress, has been putting the legal system under hitherto unparalleled pressure to accommodate itself to this changing vision.
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Judicial Activism and Fidelity to Law
SSRN Electronic Journal, 2015The Essay contrasts three accounts of judicial fidelity to law, labeled ‘legalism’, ‘idealism’ and ‘pluralism’. It then explores the more persuasive model of adjudication—pluralism—in greater depth, examining five fundamental principles of the law both in general theory and in the exemplary context of stare decisis.
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Addressing Judicial Activism and Judicial Restraint
2017The end of British Raj saw the oppression of masses beyond imagination at the hands of the unconstrained actions of money power, muscle power, media power and ministerial power. With the framing of the Constitution of India, the three wings of effective governance—the Legislature, the Executive and the Judiciary—came into being.
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Judicial Activism v. Judicial Restraint
SSRN Electronic Journal<span>This paper explores the perennial constitutional tension between judicial activism and judicial restraint, examining how courts navigate the delicate balance between safeguarding fundamental rights and respecting the separation of powers</span><span><sup></sup></span><span>. By contrasting the doctrine of
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Judicial Activism in Australia
1991Judicial activism, understood as control or influence by the judiciary over political or administrative institutions, processes and outcomes, is a central and robust part of Australian governance. At the highest level, the judiciary has been institutionalized within the Constitution as a branch of government along with the legislature and the executive.
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