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西ドイツ連邦憲法裁判所の自己抑制の態度 －基本条約をめぐる諸判決の中に表れた"judicial self-restraint"－
西ドイツ連邦憲法裁判所の自己抑制の態度 －基本条約をめぐる諸判決の中に表れた"judicial self-restraint"－openaire +1 more source
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On the Obergefell Dissenters′ Selective Judicial Self-restraint
Vienna Online Journal on International Constitutional Law, 2015Abstract In its landmark decision in Obergefell v Hodges a five-Justice majority of the United States Supreme Court held that state laws depriving same-sex couples of the right to marry violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.
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Judicial Activism and Judicial Self-Restraint: The PCIJ’s Lotus Case
2013The 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
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Chinese Journal of International Law, 2006
The antinomy between judicial activism and self-restraint, well known to students of the US Supreme Court, has implications today also for international tribunals. The resort to judicial settlement of international dispute is still predicated upon a certain basic homogeneity of legal cultures and values going with them.
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The antinomy between judicial activism and self-restraint, well known to students of the US Supreme Court, has implications today also for international tribunals. The resort to judicial settlement of international dispute is still predicated upon a certain basic homogeneity of legal cultures and values going with them.
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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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The Transformation of Judicial Self-Restraint
2012In 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 ...
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The Structural Roots of Judicial Self-Restraint
1998Since 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.
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