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Measuring Judicial Activism

Stefanie A. Lindquist and Frank B. Cross

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195370850
eISBN:
9780199870790
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370850.001.0001
Subject:
Law, Comparative Law

This book explores the theoretical and empirical dimensions to this controversial subject. The main aim of the book is to shift the focus of the academic and political debate over judicial activism ... More


Democratic Consolidation, Judicial Reform, and the Judicialization of Politics in Southern Europe

Pedro C. Magalhães, Carlo Guarnieri, and Yorgos Kaminis

in Democracy and the State in the New Southern Europe

Published in print:
2006
Published Online:
May 2009
ISBN:
9780199202812
eISBN:
9780191708008
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199202812.003.0004
Subject:
Political Science, European Union, Democratization

This chapter presents the results of judicial reform in the new Southern Europe in the context of the legacies of the nondemocratic past and the strategies of political actors. The democratic ... More


The Court of Justice as an Agent: Delegation of Judicial Power in the European Union

Mark A. Pollack

in The Engines of European Integration: Delegation, Agency, and Agenda Setting in the EU

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199251179
eISBN:
9780191600111
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199251177.003.0004
Subject:
Political Science, European Union

European Union governments have delegated judicial powers to the European Court of Justice primarily to monitor national compliance with EU law and to solve problems of incomplete contracting, and ... More


Rights in the European Union: Convergent with the USA?

Martin Shapiro

in The State of the European Union Vol. 7: With US or Against US? European Trends in American Perspective

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199283958
eISBN:
9780191603297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199283958.003.0016
Subject:
Political Science, European Union

The European Union structure of rights is now being built upon the preexisting rights practices of the member states, which in turn developed in part in the light of US experience. In Europe, like in ... More


Dimensions of Citizen Control

Kaare Strøm, Wolfgang C. Müller, Torbjörn Bergman, and Benjamin Nyblade

in Delegation and Accountability in Parliamentary Democracies

Published in print:
2003
Published Online:
January 2005
ISBN:
9780198297840
eISBN:
9780191602016
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829784X.003.0022
Subject:
Political Science, Comparative Politics

Representative democracy means delegation, and delegation implies the risk of agency problems. Parliamentary democracy is a particular delegation regime, a way to structure the democratic policy ... More


‘Restrained Activism’ in the High Court of Australia

Fiona Wheeler and John Williams

in Judicial Activism in Common Law Supreme Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.003.0002
Subject:
Law, Public International Law, EU Law

This chapter explains how the High Court under former Chief Justice Mason in the early 1990s was wrongly characterized as engaging in unprincipled judicial activism. It argues that such a conclusion ... More


The Supreme Court of India

Venkat Iyer

in Judicial Activism in Common Law Supreme Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.003.0004
Subject:
Law, Public International Law, EU Law

The functioning of India's Supreme Court has been informed by a high degree of judicial activism, which has drawn acclaim and criticism in equal measure. This chapter examines the origins, traces the ... More


Deviating from Legal Standards

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0003
Subject:
Philosophy, Political Philosophy

This chapter first discusses judicial incentives to perform their official duties. It then distinguishes between various ways in which judges can take legal standards into account. A judge can ... More


Judicial Activism in Common Law Supreme Courts

Brice Dickson (ed.)

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.001.0001
Subject:
Law, Public International Law, EU Law

This book examines the way in which judges in the top courts of nine different common law countries go about developing the law by devising new principles to allow themselves to be innovative and ... More


Parliament–Judiciary Relationship

B.L. Shankar and Valerian Rodrigues

in The Indian Parliament: A Democracy at Work

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198067726
eISBN:
9780199080434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198067726.003.0007
Subject:
Political Science, Indian Politics

From a broadly acknowledged position of the primacy of the Parliament of India in the first two decades after independence, the scale tilted in favour of the judiciary with the Keshavanand Bharati ... More


Limits of Legality: The Ethics of Lawless Judging

Jeffrey Brand-Ballard

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.001.0001
Subject:
Philosophy, Political Philosophy

Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical ... More


The United States of America

Mark Tushnet

in Judicial Activism in Common Law Supreme Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.003.0010
Subject:
Law, Public International Law, EU Law

This chapter examines judicial activism in the US Supreme Court. For discussions of judicial activism to be analytically illuminating, a reasonably uncontroversial baseline is needed against which ... More


Postscript: the People, the Court, and the Academics

Evan Tsen Lee

in Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented

Published in print:
2011
Published Online:
January 2011
ISBN:
9780195340341
eISBN:
9780199867240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340341.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter presents some concluding thoughts. This book has traced the origins of judicial restraint doctrine in the Supreme Court. The chapter recounts a certain body of academic literature ... More


Introduction

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0001
Subject:
Philosophy, Political Philosophy

This chapter introduces the central dilemma of the book: judges who must decide cases in which the law requires a result that they believe to be morally objectionable or bad public policy. The ... More


Expanding the Judicial Universe: Judicial Activism

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0034
Subject:
Law, Constitutional and Administrative Law

When India's Supreme Court under the leadership of Subba Rao decided that Parliament did not possess the power to amend any of the provisions of the Constitution relating to fundamental rights, they ... More


The Supreme Court of Ireland

William Binchy

in Judicial Activism in Common Law Supreme Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.003.0005
Subject:
Law, Public International Law, EU Law

This chapter examines judicial activism among Irish Supreme Court judges. It argues that the Supreme Court is in a transition from the intoxication of the bold articulation of a new range of rights ... More


FROM JUDICIAL RESTRAINT TO JUDICIAL ACTIVISM

Menachem Mautner

in Law and the Culture of Israel

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199600564
eISBN:
9780191729188
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600564.003.0004
Subject:
Law, Philosophy of Law

This chapter discusses the rise of judicial activism in the jurisprudence of the Israeli Supreme Court during the 1980s and 1990s. Many scholars claim that the Court could be said to have been ... More


Judicial Activism and the Crime of Genocide

William A Schabas

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses on the influence of ‘judicial activism’ on the evolution of the crime of genocide. In stark contrast to the development of the definitional boundaries of crimes against humanity, ... More


Law and the Culture of Israel

Menachem Mautner

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199600564
eISBN:
9780191729188
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600564.001.0001
Subject:
Law, Philosophy of Law

Within a short span of time in the course of the 1980s, the Supreme Court of Israel effected far-reaching changes in its legal doctrine and in the way it perceives its role among the state's ... More


Constitutional Authority

Mark A. Graber

in A New Introduction to American Constitutionalism

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199943883
eISBN:
9780199369799
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199943883.003.0005
Subject:
Law, Constitutional and Administrative Law

Constitutional authority in the United States is a consequence of complex interactions between elected officials, political activists, and unelected justices that more resembles the chaos of the ... More


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