Results 1 to 10 of about 125,744 (186)
When Was Judicial Self-Restraint [PDF]
SSRN Electronic Journal, 2012 This Essay responds to Judge Posner’s Jorde Symposium Essay The Rise and Fall of Judicial Restraint by analyzing the question of when, if ever, has judicial self-restraint thrived in the federal courts. Its central aim is to shed historicizing light on the trajectory of judicial activism by imaginatively rifling through an array of canonical and ...
Aziz Z Huq
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JUDICIAL ACTIVISM OR SELF-RESTRAINT : SOME INSIGHT INTO THE INDONESIAN CONSTITUTIONAL COURT [PDF]
Yuridika, 2018 The Constitutional Court of Republic of Indonesia is centralized judicial review institution which implements a posteriori and abstract control. Constitutional court decision often politically sensitive and involve important issues.
Radian Salman +2 more
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The Responsibility of Courts in Maintaining the Rule of Law: Two Tales of Consequential Judicial Self-Restraint [PDF]
Defending Checks and Balances in EU Member States, 2021 Modern constitutionalism is based on the paradigm that courts are inherently entitled and obliged to enforce the constitution of the respective polity. This responsibility of courts also applies in the context of the European Union to both the CJEU and ...
Pál Sonnevend
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Revista Direito, Estado e Sociedade, 2021 How do Brazilian Supreme Court Justices use the decision-making strategy of judicial self-restraint? Judicial self-restraint is a strategy whose fundamental premise sustain that, if possible, any Supreme Court should avoid ruling on constitutional issues,
José Mário Wanderley Gomes Neto +2 more
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Judicial Self-Restraint in Labour Law
Industrial Law Journal, 2009 This article considers various examples of the use of reasonableness and proportionality tests in labour law cases. It seeks to analyse and critique the judges’ formulation and application of these tests, drawing on the extensive public law literature on judicial self-restraint or ‘deference’.
A.C.L. Davies
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Understanding the Warren Court: Judicial Self-Restraint and Judicial Duty
Political Science Quarterly, 1966 1 Chief Justice Marshall in Osborn v. U.S. Bank, 9 Wheat. 738, 866 (1824). Symbolism and magic are, of course, useful in the governing process. But judges tend to insist on their impotence when they are making almost brazen use of their power. "Professions of automatism are most insistent," Professor Thomas Reed Powell observed, "when it is most ...
A. T. Mason
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DoisPontosIn this paper, I present an interpretation of some of Carl Schmitt’s theses in his work Der Hüter der Verfassung (The Guardian of the Constitution).
C. L. N. Oliveira
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Policy Making about University Admission Exam and Judicial Self-restraint
The Journal of Law of Education, 2009 SangKyun Jo
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Menggagas Penerapan Judicial Restraint Di Mahkamah Konstitusi
Jurnal Konstitusi, 2016 Many controversial decision made by Constitutional Court resulted in the emergence of the idea to limit the judicial power. One of the ideas that surfaced to limit the judicial power without disturbing the idea of judicial independence is judicial ...
Wicaksana Dramanda
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Journal of Education and Health Promotion, 2020 BACKGROUND: The use of physical restraint in health-care settings is common and complex practice as it has physical, psychological, judicial, ethical, and moral issues.
Sukhman Mehrok +3 more
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