Results 1 to 10 of about 935 (134)
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
doaj +3 more sources
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 ...
Alpheus Thomas Mason
exaly +2 more sources
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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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 ...
openaire +1 more source
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
doaj +1 more source
European Papers, 2017 (Series Information) European Papers - A Journal on Law and Integration, 2017 2(3), 967-975 | European Forum Insight of 29 August 2017 | (Table of Contents) I.
Aurora Rasi
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European Papers, 2017 (Series Information) European Papers - A Journal on Law and Integration, 2017 2(2), 671-697 | Article | (Table of Contents) I. Introduction. - II. The legal framework. - III. Limiting the Court's jurisdiction. - IV. The Exception: judicial review of CFSP
Marise Cremona
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Yudisialisasi Politik dan Sikap Menahan Diri: Peran Mahkamah Konstitusi dalam Menguji Undang-Undang
Jurnal Konstitusi, 2016 In a review of the constitutionality of law or policy, the Constitutional Court can take an aggressive approach or choose to take self-restraint.
Bisariyadi Bisariyadi
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Utrecht Law Review, 2005 Literature concerning human rights protection by the European Court on Human Rights after 9/11 is very often coloured by optimism. Some authors hold that judicial control by the European Court on national anti-terrorism measures is very strict ...
Paul J.A. de Hert
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The South African Constitutional Court's Use Of Foreign Precedent In Matters Of Religion: Without Fear Or Favour? [PDF]
Potchefstroom Electronic Law Journal, 2015 Since its establishment in 1994, the South African Constitutional Court has been quite fearless in its citation of foreign precedents in its reasoning. Compared with that of similar adjudicative institutions elsewhere, the constitutional reasoning of the
Christa Rautenbach
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