Results 201 to 210 of about 1,034 (233)

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 ...
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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
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Judicial Law-Making. Judicial Self-Restraint and Judicial Activism: From South West Africa, Second Phase, 1966, to Namibia (South West Africa) 1971

1979
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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 ...
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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.
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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
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The International Court of Justice and International Law-making: The Judicial Activism/Self-Restraint Antinomy

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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Avoiding the Judicialization of Politics in Pakistan's Supreme Court: A Comparative Study of Self-Restraint Justiciability Doctrines and Procedures for Judicial Review in India, the United States, and Pakistan

2023
Since 2004, the Supreme Court of Pakistan has emerged as a dominant force in the tri-partite constitutional system in Pakistan. In some instances, the Court has engaged in hyper-active use of judicial review over the laws passed by Parliament or the policies of the Prime Minister.
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The anti-suit injunctions in patent litigation in China: what role for judicial self-restraint?

Journal of Intellectual Property Law & Practice
Abstract 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 (ASI) in Huawei v Conversant.
Alexandr Svetlicinii, Fali Xie
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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.
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