Results 141 to 150 of about 125,744 (186)

Judicial Activism and Judicial Self-Restraint: The PCIJ’s Lotus Case

, 2013
The Permanent Court of International Justice (PCIJ) is considered to be the point of departure in the institutionalization of international justice and the emergence of a permanent international judiciary. The judgment can be viewed under a minimalist reading, or, alternatively, as a pronouncement of a more general import. This chapter examines Lotus
Photini Pazartzis
semanticscholar   +4 more sources

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 ...
J. P. Roche
semanticscholar   +2 more sources

Epistemologieal Skepticism, Hobbesian Natural Right and Judicial Self-Restraint

The Review of Politics, 1986
Ronald Dworkin has shown that the doctrine of judicial self-restraint, although packaged as a defense of constitutional tradition, is grounded in a legalmoral skepticism that either inadvertently or covertly rejects the possibility of a genuinely normative constitution. The influence of Dworkin's argument challenges exponents of judicial self-restraint
S. Barber
semanticscholar   +2 more sources

The Rise and Fall of Judicial Self-Restraint

, 2012
Judicial self-restraint, once a rallying cry for judges and law professors, has fallen on evil days. It is rarely invoked or advocated. This Essay traces the rise and fall of its best-known variant restraint in invalidating legislative action as unconstitutional-as advocated by the "School of Thayer, " consisting of James Bradley Thayer and the ...
R. Posner
semanticscholar   +2 more sources

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 ...
Pamela S. Karlan
semanticscholar   +2 more sources

Was There Ever Such a Thing as Judicial Self-Restraint

, 2012
Richard Posner’s version of judicial self-restraint implies that individual Justices who embrace restraint would tend to uphold the constitutionality of a law even if it went against their preferences or ideology. Judge Posner suggests that this form of restraint once existed but no longer does.
L. Epstein, W. Landes
semanticscholar   +2 more sources

Whence and Whither the Burger Court? Judicial Self-Restraint: A Beguiling Myth

The Review of Politics, 1979
Every Court is the product of its time, reflecting predilections of fallible men in black robes. While wearing the magical habiliments of the law, Supreme Court justices take sides on controversial issues. From John Marshall to Warren Burger, the Court has been the guardian of some particular interest and the promoter of preferred values. Thus judicial
A. T. Mason
semanticscholar   +2 more sources

The anti-suit injunctions in patent litigation in China: what role for judicial self-restraint?

Journal of Intellectual Property Law & Practice
Starting from 2020, the Chinese courts have actively participated in the jurisdictional battles for the standard essential patent (SEP) disputes, a pivotal development marked by the Supreme People’s Court’s inaugural SEP-related anti-suit injunction ...
A. Svetlicinii, Fali Xie
semanticscholar   +2 more sources

The Structural Roots of Judicial Self-Restraint

, 1998
Since the late 1980s, the ECJ has exercised ever greater caution in challenging member states’ interests. Heralded by a series of rulings dealing with delicate issues such as tax matters (see for example case 81/87, Daily Mail) or Sunday trading (case 145/88, Torfaen v.
R. Dehousse
semanticscholar   +2 more sources

Political Questions in the Court: Is 'Judicial Self-Restraint' a Better Alternative than a 'Non Justiciable' Approach?

SSRN Electronic Journal, 2007
Judicial review of sensitive political questions may be treated in a number of forms. Imagine a "spectrum", at one end of which there is a constitutional barrier to any kind of judicial intervention, such as an explicit constitutional norm withdrawing certain kinds of issues from the court's jurisdiction.
Suzie Navot
semanticscholar   +2 more sources