Results 261 to 270 of about 132,348 (304)
Some of the next articles are maybe not open access.
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.
openaire +1 more source
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.
openaire +1 more source
Judicial Supremacy and the End of Judicial Restraint
2012Judge 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.
openaire +1 more source
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.
openaire +2 more sources
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.
openaire +2 more sources
Judicial Activism v. Judicial Restraint in International Criminal Justice
2009This essay discusses the attitude of the judges of international criminal courts and tribunals according to the paradigm of judicial activism and judicial restraints often applied to the style of supreme court justices at the national level. Although one must be cautious in transposing such domestic paradigms at the international level, the author ...
openaire +1 more source