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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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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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Alternative Law Journal, 2011
In most regards, the recent judgment in Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Systems Pty Ltd [2010] NSWSC 267 (‘the Gammasonics case’) is rather uninteresting. In fact, taken at face value, the only interesting aspect of the case is that it contains a discussion of one significant legal question: that is, under what ...
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In most regards, the recent judgment in Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Systems Pty Ltd [2010] NSWSC 267 (‘the Gammasonics case’) is rather uninteresting. In fact, taken at face value, the only interesting aspect of the case is that it contains a discussion of one significant legal question: that is, under what ...
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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 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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