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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 ]
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 ...
Opponents of the doctrine tend to use the term as an epithet synonymous with "judicial activism" (itself a hotly-debated phrase). However, just as some conservative theorists have embraced the term Constitution in Exile , which similarly gained popularity through use by liberal critics, textualism was a term that had pejorative connotations ...
J. Michael Luttig, a conservative former federal judge once considered as a potential Supreme Court nominee, said the decision was “a textbook example of judicial activism” that contained ...
When Judges and Justices Throw Out Tools: Judicial Activism in Rucho v. Common Cause, 96 N.Y.U. Law Review 607 (2021) [39] Opinion: As a judge, I have to follow the Supreme Court. It should fix this mistake, The Washington Post (2020) [40] State v. Mann, 13 N.C. 263 (N.C. 1830): Judicial Choice or Judicial Duty, 87 North Carolina Law Review 991 ...
Pages in category "Judicial activism" The following 11 pages are in this category, out of 11 total. This list may not reflect recent changes. ...
The Judicial Procedures Reform Bill of 1937, [12] frequently called the "court-packing plan", [13] was a legislative initiative proposed by U.S. President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court in order to obtain favorable rulings regarding New Deal legislation that the Court had ruled unconstitutional. [14]
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.