Results 221 to 230 of about 1,474 (256)

Frankfurter and the Intellectualization of Judicial Restraint

2011
exaly   +2 more sources

The bankruptcy of judicial restraint and judicial activism: the impact of doctrines of judicial restraint on common law adjudication

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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Addressing Judicial Activism and Judicial Restraint

2017
The 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 Restraint and Overreach

South African Journal on Human Rights, 2004
This 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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Judicial Supremacy and the End of Judicial Restraint

2012
Judge Posner provides a characteristically thought-provoking analysis of judicial restraint. Unfortunately, by attributing the origin of the doctrine to James Bradley Thayer, Posner misunderstands the concept. For Thayer was not making a new argument.
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Judicial Self-Restraint

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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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></span><span>. By contrasting the doctrine of
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Institutional Approaches to Judicial Restraint

Oxford Journal of Legal Studies, 2008
This 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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The Transformation of Judicial Self-Restraint

2012
In his Jorde Symposium Essay, Judge Richard Posner identifies three forms of judicial restraint. He then argues that the third type, Thayerian judicial restraint characterized by a strong reluctance to declare legislative or executive action unconstitutional unless the unconstitutionality is so clear that it is not open to rational question, has ...
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A Constitutional Theory of Judicial Restraint

2015
This 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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