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Titlebook: Judicial Activism and the Democratic Rule of Law; Selected Case Studie Sonja C. Grover Book 2020 Springer Nature Switzerland AG 2020 US Sup

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发表于 2025-3-21 19:45:13 | 显示全部楼层 |阅读模式
书目名称Judicial Activism and the Democratic Rule of Law
副标题Selected Case Studie
编辑Sonja C. Grover
视频video
概述Discusses judicial activism on the left and the right.Argues that judicial activism in respect of the protection of human rights and due process is an essential feature of the democratic rule of law.D
图书封面Titlebook: Judicial Activism and the Democratic Rule of Law; Selected Case Studie Sonja C. Grover Book 2020 Springer Nature Switzerland AG 2020 US Sup
描述In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies  to sidestep that obligation..The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary‘s  role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law..
出版日期Book 2020
关键词US Supreme Court; Contemporary Judicial Activism; Constitutional Democracy; Canadian Supreme Court; Rule
版次1
doihttps://doi.org/10.1007/978-3-030-35085-7
isbn_softcover978-3-030-35087-1
isbn_ebook978-3-030-35085-7
copyrightSpringer Nature Switzerland AG 2020
The information of publication is updating

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Judicial Activism and Its Intersection with Democratic Rule of Law, of the vulnerable and marginalized, through judicial decision-making in a constitutional democracy is here held not to equate to judges ‘making law’ (as opposed to interpreting law). Rather it represents courts interpreting and explaining . the statutory and common law in a democratic society is or must be if it is not so already.
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,‘Principled Judicial Activism’ in Defense of Our Common Humanity,tate mechanisms or the fact of the absence of needed regulatory systems have failed to deter the State from undercutting or negating fundamental rights and freedoms. The Rt. Hon. Baroness Hale, DBE, PC reminds us importantly that “…the courts are just as essential to a democracy based on the rule of law as is Parliament.”
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Concluding Comment,e; the domestic courts may themselves assist in setting a proactive example for government by way of their defense of core human rights, their reliance for guidance in part on international human rights and customary law and acknowledgement of our common humanity.
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Judicial Activism in Selected Cases Decided by the Supreme Court of Canada,onal legal experts have expressed concern that “the debate on judicial activism in Canada has begun to produce excessive judicial deference that allows legislatures and officials to act without scrutiny by the judiciary concerning the effects of state action on vulnerable minorities.”
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https://doi.org/10.1007/978-3-030-35085-7US Supreme Court; Contemporary Judicial Activism; Constitutional Democracy; Canadian Supreme Court; Rule
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