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Judicial Restraint (and Judicial Supremacy)

2022
Abstract Debates in constitutional democracies over “restraint” (versus “activism”) in judicial constitutional review have typically turned on a bedrock political value of democracy. The debates may also, however, be understood in the light of a different bedrock value, that of political legitimacy.
exaly   +2 more sources

The Rationales for Judicial Restraint

2003
AbstractApart from considerations of allocation of power, other aspects are also relevant for determining whether panel restraint is appropriate in certain circumstances or not. This chapter examines the value of the commonly invoked rationales in favour of panel deference.
Matthias Oesch, Oesch Matthias
exaly   +2 more sources

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