Results 251 to 260 of about 132,348 (304)
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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.
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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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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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Republican Government and Judicial Restraint
The Review of Politics, 1987In his article, "Epistemological Skepticism, Hobbesian Natural Right and Judicial Self-Restraint," Sotirios Barber develops his thesis that "a principle of judicial self-restraint has no place in any theory that takes the Constitution seriously as law" (Review of Politics 48 [1986]: 394).
Stanley C. Brubaker, Sotirios A. Barber
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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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