Search results
Results From The WOW.Com Content Network
Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint . [ 1 ]
In most cases, interpreting the law is relatively clear-cut and the justices decide unanimously; however, in more complicated or controversial cases, the Court is often divided. In modern discourse, the justices of the Court are often categorized as having conservative, moderate, or liberal philosophies of law and of judicial interpretation.
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 law, the legislative intent of the legislature in enacting legislation may sometimes be considered by the judiciary to interpret the law (see judicial interpretation). The judiciary may attempt to assess legislative intent where legislation is ambiguous or does not appear to directly, adequately address a particular issue, or appears to have ...
In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent. In England, Parliament historically failed to enact a comprehensive code of legislation, which is why it was left to the courts to develop the common law; and having decided a case and given reasons for the decision , the decision would become ...
The Lochner era is best understood not as a politically motivated binge of judicial activism, but rather as a sincere and principled, if sometimes anachronistic, “effort to maintain one of the central distinctions in nineteenth-century constitutional law — the distinction between valid economic regulation” calculated to serve the general ...
Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism.Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing and a reluctance to grant certiorari; [1] and a tendency to deliver ...
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 ...