Results 211 to 220 of about 3,032 (247)
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A Wise Return to Judicial Restraint
Religion & Human Rights, 2011In this comment I argue that although I think that secularism properly understood is the best constitutional arrangement for keeping peace in multicultural and religiously pluralistic societies, nevertheless the Grand Chamber judgement rightly overruled the Chamber in Lautsi v. Italy.
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2014
The doctoral dissertation which follows particularizes the content of a series of analogous legal principles, which in part determine, whether a court in which the tradition of common law adjudication prevails will render a decision in a particular case.
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The doctoral dissertation which follows particularizes the content of a series of analogous legal principles, which in part determine, whether a court in which the tradition of common law adjudication prevails will render a decision in a particular case.
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Judicial Restraint and Overreach
South African Journal on Human Rights, 2004This article enquires into the defensible limits of judicial review. The United States Supreme Court has recently been castigated for overreaching. According to this charge, judges have unjustifiably intruded on the domain of other branches of government by exercising 'political' functions.
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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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American Political Science Review, 1955
Every society, sociological research suggests, has its set of myths which incorporate and symbolize its political, economic, and social aspirations. Thus, as medieval society had the Quest for the Holy Grail and the cult of numerology, we, in our enlightened epoch, have as significant manifestations of our collective hopes the dream of impartial ...
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Every society, sociological research suggests, has its set of myths which incorporate and symbolize its political, economic, and social aspirations. Thus, as medieval society had the Quest for the Holy Grail and the cult of numerology, we, in our enlightened epoch, have as significant manifestations of our collective hopes the dream of impartial ...
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Institutional Approaches to Judicial Restraint
Oxford Journal of Legal Studies, 2008This article addresses the pressing issue of what process courts should use to identify those questions whose resolution lies beyond their appropriate capacity and legitimacy. The search for such a process is a basic constitutional problem that has defied a clear answer for well over a hundred years.
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A Constitutional Theory of Judicial Restraint
2015This chapter develops an intellectual framework that will support principled judicial restraint. It contains two elements. The first is an elaboration of the idea of positive constitutionalism. The Constitution is not primarily concerned with individual liberty from government.
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