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The Myth of Judicial Activism: Making Sense of Supreme Court Decisions (Yale University Press Publishers), 272pp. ISBN 0-300-11468-0; James B. Kelly, July 30, 2006. Governing With the Charter: Legislative And Judicial Activism And Framer's Intent (Law and Society Series) (UBC Press Publishers), 336pp. ISBN 0-7748-1212-5; Rory Leishman, May 2006.
1. To insert essential principles only; lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accommodated to times and events: and 2. To use simple and precise language, and general propositions, according to the example of the constitutions of the several states.
Dutch judge Marc Bossuyt stated in a speech that the living instrument doctrine is "a Trojan horse for judicial activism, giving Strasbourg judges the liberty to find what they want to find in the interstices of Convention rights". [16] Other critics argue that the state parties should only be bound by the original obligations as understood in ...
Law of the case; Learned intermediary; Legal certainty; Legal immunity; List of Latin legal terms; Legal transplant; Legality; Legality of the War on Drugs; List of international and European laws on child protection and migration; Living tree doctrine; Loss of chance in English law
Legal formalism is both a descriptive and normative theory of how judges should decide cases. [1] In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases.
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal government only to those expressly, i.e., explicitly and clearly, granted to the government by the United States Constitution.
The rule of law includes principles such as legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibiting the arbitrary exercise of executive power; effective judicial protection by independent and impartial courts, effective judicial review including respect for fundamental ...