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Judicial Restraint (and Judicial Supremacy)
2022Abstract 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.
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JUDICIAL RESTRAINT IN THE PURSUIT OF JUSTICE
University of Toronto Law Journal, 2010This article examines the reasons in favour of judicial restraint in human-rights adjudication. It seeks to address the worry that a strategy of restraint may lead judges to refrain from protecting rights, or, at least, to refrain from protecting them to an optimal degree.
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The Rationales for Judicial Restraint
2003AbstractApart 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
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